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 September 16, 2008, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on September 16, 2008, and on May 7, 2014, the Defendant was issued a summary order of 2 million won by a fine for a violation of the Road Traffic Act at the Busan District Court's net support.

On September 22, 2014, at around 00:14, the Defendant driven a balone-line cargo vehicle without a vehicle driver’s license, while under the influence of 0.078% of the blood alcohol concentration from the front road of the main station in front of the Hob apartment located in the Yacheon-si, Seocheon-si, to the new third-party road located in the same balp-line street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the report on the actual state of drinking drivers;

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The Defendant’s reason for sentencing under Article 62-2(1) of the Criminal Act is that he/she again committed the instant crime on September 22, 2014, where five months have not passed since May 7, 2014 when he/she was issued a summary order, due to the violation of the Road Traffic Act.

However, the defendant reflects his mistake, and the fact that the defendant has no criminal record of the same kind of probation is favorable to the defendant.

The punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the records, such as the age, character, conduct and environment of the accused.