A defendant shall be punished by imprisonment for four 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

On August 2, 2014, at around 19:50, the Defendant driven a B-car under the influence of alcohol content of 0.127% without a vehicle driver’s license, from a 2km section from the front of a restaurant where it is impossible to identify the trade name near the Jongwon apartment in Yong-gu, Youngnam-gun to the front of the entrance of the Hanyang-gun, Youngnam-gun apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses (Evidence No. 19 pages);

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. Article 62 (1) of the Criminal Act (Consideration of sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant was issued a summary order of KRW 7 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving), a violation of the Road Traffic Act (Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving) on April 29, 2014, but he/she again renders drinking and driving without a license on August 2, 2014.

However, with the exception of the issuance of the above summary order, the defendant has no other criminal records, considering the defendant's age, character and conduct, family relationship, etc., the punishment against the defendant shall be mitigated, and the execution thereof shall be suspended under the condition of probation.