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 March 11, 2014, the Defendant was sentenced to a fine of five million won for the crime of violating the Road Traffic Act at the Busan District Court, and five million won for the same crime at the same court on September 1, 2016.

At around 11:30 on October 2, 2016, the Defendant driven a motor vehicle with no driver’s license, under the influence of alcohol level of approximately 1.5 km from around 0.159%, to the front road of the Olympic Educational Road located in the Round in the Don-dong, Busan Metropolitan City, Busan, for the following reasons: (a) the Defendant driven a motor vehicle with benz without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site traffic report (1) traffic accident report (2) actual condition survey report, report on the state of driver's license, and inquiry into the register of driver's license;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of each summary order statutes;

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 the Commercial Concurrent Crimes;

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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the crime of this case is disadvantageous to the Defendant, such as the driving of a motor vehicle under the influence of a driver’s license, which is not good in the nature of the crime, the Defendant’s driving level is not weak, and the Defendant’s previous course of study is allowed to take the same time.

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant has no criminal record exceeding the fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Attachment Criteria] -.