A defendant shall be punished by imprisonment for six months.

except that 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 July 25, 2007, the Defendant was sentenced to a fine of KRW 3 million by the Incheon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 1 million, and a fine of KRW 3 million by the same court on May 6, 2008.

On September 27, 2013, the Defendant, who was punished twice or more for the crime of violation of the Road Traffic Act, was driving approximately 2 km from the roads near the Bupyeong-gu in Incheon Bupyeong-gu at the end of the Bupyeong-gu, Incheon, without a driver’s license, while under the influence of alcohol leveling 0.152% of the blood alcohol level around 01:45 on September 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. A report on the circumstances of driving without a license and an inquiry about driver's license;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

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