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 August 27, 2007, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on August 27, 2007, and a fine of KRW 2.5 million to the same court on August 16, 201.

On July 31, 2012, at around 02:40, the Defendant, without a driver’s license, driven a B-te motor vehicle at the section of approximately 1.5 km from the center distance located at the center of Sungwon-si, Sungwon-si to the front of the park located at the seat of the members of the same city, under the influence of alcohol level of 0.154% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes of inquiry reports 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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

6. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant was punished for drunk driving, and again, he was under the influence of drinking without a driver's license, and the degree of drinking at that time was not somewhat weak. The current Road Traffic Act, considering the seriousness of damage caused by drunk driving, has to punish these acts more heavily than the previous ones.

However, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the fact that the defendant is seriously against the defendant, the fact that there is no criminal record of the suspension of execution or more, and the defendant's age, character and conduct, and circumstances after the crime, shall be equally considered and the execution of the sentence shall be suspended on the basis of community service.