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 October 11, 2007, the Defendant had a record of driving under the influence of alcohol more than twice, such as a fine of 700,000 won for a violation of the Road Traffic Act (driving under the influence of drinking), a fine of 2.5 million won for the same crime in the same court on March 5, 2009, and a fine of 5 million won for the same crime at the Seoul Central District Court on June 14, 2012.

On December 24, 2012, at around 00:58, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol concentration of about 0.119% without a car driver’s license, at approximately 3 km section in front of the mountain village located in the same Gu and in front of the mountain village located in the same Gu and located in the area of the 4km-gu, Seoyang-si.

As a result, the Defendant, while driving an automobile without a driver's license, has violated the prohibition of driving under the influence of alcohol not less than twice and once again driven an automobile while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on an entry into a driver's license;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records, inquiry 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant has no record of criminal punishment of suspension of qualification or more severe punishment, reflects the mistake and repents);

1. Article 62 (1) of the Criminal Act (the same grounds for discretionary mitigation);

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