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.

Criminal facts

The defendant was punished by notification of each summary order of KRW 1.5 million on January 12, 201, a fine of KRW 3 million on August 13, 201, and on October 4, 2013, the defendant was sentenced to the suspension of the execution of 8 months on October 12, 2013 at the Ansan District Court's Ansan Branch for the violation of the Road Traffic Act, and on February 5, 2014, the judgment became final and conclusive on October 13, 2014, for the following reasons: (a) the defendant was sentenced to the suspension of the execution of 8 months on July 12, 201; and (b) the Incheon District Court was sentenced to the suspension of the execution of 8 months on February 13, 2014.

On March 13, 2013, at around 23:20, the Defendant, while under the influence of alcohol with 0.087% of the blood alcohol concentration without a car driver’s license, was driving C Costaex car from the Jeju Jeju Jeju Gotdong Tratro to the 160-6 front way in Silung-si, Silung-si.

As a result, the defendant driving a motor vehicle without a driver's license, and has violated two or more drinking drivings, and once again drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (limited to the violation of the Road Traffic Act, etc. as indicated in the judgment of October 12, 2013);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2008) (see, 2008Da1148, Jan. 2, 2008).