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 August 9, 2010, the Defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving) in the Chungcheong District Court of Chungcheongju on August 9, 201, and a fine of two hundred and five hundred thousand won as a same crime in the same court on December 12, 201.

Criminal facts

On March 30, 2014, the Defendant, at around 20:17, driven a gallon with two galloning vehicles, without obtaining a driver’s license in approximately 500 meters section from the front of a cafeteria in the Dondong-dong, Chungcheongnam-si to the front of the same Dondong-dong in the same Dondong-dong, and driving a balloning vehicle with a blood alcohol content of at least 0.108 percent under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Certificates of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The crime of this case was committed in spite of two times the criminal records of the defendant's same kind of crime, the circumstances favorable to the risk of additional damage due to drinking and driving without a license: The defendant's time of committing the crime and reflects the risk of additional damage: the defendant's fine has no criminal records exceeding the defendant's fine, and other circumstances which form conditions for sentencing as shown in the records, such as the defendant's age, character