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 27, 2010, the Defendant received a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 27, 2010, and a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on December 30, 2014.

Criminal facts

The defendant is a person who has violated the prohibition of drunk driving not less than twice.

At around 10:40 on September 15, 2015, the Defendant driven a BOs car under the influence of alcohol concentration of about 0.206% without obtaining a driver’s license from the parking lot located in Yacheon-si, Macheon-ro 13-1, Yacheon-si, to the 117 EOs-si, EOs-si, Mancheon-si, the main unit of EOs-si, EOs-si, to the river in front of the NOs-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on occurrence of traffic accidents;

1. On-site photographs and on-site photographs of the initial measure;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. An investigation report (verification of driving distance);

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate 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 driving sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license);

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;

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;