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 January 2, 2009, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act in the Busan District Court's Dong branch branch, and on August 26, 2013, the Defendant was sentenced to a fine of KRW 5 million as the same crime in the same court.

Around 00:30 on September 3, 2014, the Defendant, without a driver’s license, driven a vehicle with low alcohol at approximately 4 km in front of a monthly mine resting place located in the front of a daylight beach located in the area of Busan, 0.074%, as the Defendant was under the influence of alcohol at a level of 0.074%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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;

1. Considering the fact that the Defendant repeatedly committed the instant crime even though he/she had a previous conviction in several times of sentencing under Article 62-2 of the Social Service Order Act, strict punishment against the Defendant is necessary.

However, the defendant's mistake is divided, blood alcohol level is not high, the defendant's community service order is also imposed together with the suspended sentence of imprisonment, the defendant's health condition, the defendant's age, character and behavior and environment, the motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the order, taking into account the conditions of sentencing as shown in the arguments of this case, such as the punishment of the defendant.