A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

In March 9, 2015, the Defendant has a record of being sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tongwon District Court’s branch on March 9, 2015, and a summary order of 1.5 million won for the same crime in the same court on October 6, 2014.

Criminal facts

On March 14, 2015, the Defendant was a person who had been punished twice or more due to drinking driving, and was driving a B-hurged car at approximately 0.110% under the influence of alcohol in approximately 500 meters from the Yson parking lot in the upper Dong-dong, Dong-dong, Seoul, without obtaining a driver’s license, from March 14, 2015 to the front road of the Dong-dong bank.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of the driver and the driver’s license register of the motor vehicle;

1. Previouss before and after judgments: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act heavier than punishment and choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that a person repents and reflects his/her misunderstanding, has no criminal record of imprisonment without prison labor or heavier, and that a person is willing not to drink or drive without a license in the future);

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;