A defendant shall be punished by imprisonment for six 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 April 20, 2009, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1,500,000 for a violation of the Road Traffic Act. On September 28, 201, the Defendant received a summary order of KRW 2,50,000 for a fine of KRW 2,50,00 for a violation of the Road Traffic Act from the Changwon District Court.

피고인은 2013. 3. 30. 22:10경 자동차운전면허 없이 혈중알콜농도 0.186%의 술에 취한 상태로 창원시 의창구 대산면 가술리에 있는 꿀꿀이삼겹살 식당 앞 도로에서부터 창원시 의창구 대산면 제동리에 있는 동양농기 앞 도로에 이르기까지 약 800m 구간동안 B 트라제XG 차량을 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a drinking driver, a certificate of drinking practice for a drinking driver, and the ledger of driver's licenses;

1. Previous convictions in judgment: The application of criminal records and copies of written judgments;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances deemed to be the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing):

1. The Defendant subject to the law of Article 62-2 of the Criminal Act refers to the circumstances unfavorable to the Defendant that the Defendant again committed the instant crime without being well aware of the fact that he/she had been punished five times by a fine due to the violation of the Road Traffic Act.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.