A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 24, 2013, the Defendant issued a summary order of 1,500,000 won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on January 15, 2014, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act in the same court.

On December 26, 2013, at around 21:36, the Defendant, without a driver’s license, driven a B-to-purd vehicle with a blood alcohol concentration of 0.089% under the influence of alcohol on the street located in the Guro-si, Sinsi-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of alternative imprisonment with labor (the total number of crimes of the same kind is three times, and the interval between the timing of each punishment and the time of recidivism shall be considered);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., simple appearance, the degree of brokerage, circumstances leading to the crime, driving distance, the age, character and conduct of the accused, environment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;