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

[criminal power] On October 1, 2008, the Defendant received a summary order of 2.5 million won of fine due to a violation of the Road Traffic Act (driving) from the Daegu District Court’s Port Branch, and a summary order of 5 million won of fine by the same court on July 1, 2013.

【Criminal Facts】

At around 01:20 on January 10, 2015, the Defendant driven B rocketing car under the influence of alcohol content 0.174% without obtaining a driver’s license at a section of about 600 meters from the front of the enzymar market in Southern-gu, Seoul to the front road of the Human Resources Development Institute located in the same Gu Gero-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of a drinking driver, and notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to summary orders);

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. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Probation, community service order, and order to attend the course of sentencing Article 62-2 of the Criminal Act are not suitable in light of the fact that the defendant was punished for drinking driving two times, and the defendant was punished for driving without a license three times, and that he/she again drinking or driving without a license.

However, there are various sentencing factors that are shown in the records, such as the fact that the defendant has no record of exceeding the fine, the fact that there is no particular traffic accident due to the crime of this case, the fact that the defendant's mistake is against the defendant, and the defendant's age, character and behavior, environment and circumstances