A defendant shall be punished by imprisonment for not more than ten 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 February 1, 2013, the Defendant was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on February 1, 2013, and a fine of KRW 1.5 million for the same crime in the same court on January 8, 2015, respectively.

On January 30, 2015, at around 21:06, the Defendant driven B K5 vehicle under the influence of alcohol with the blood alcohol concentration of 0.141%, without obtaining a driver’s license, from the front of the “magpo-gu Mapo-dong” to the front of the “Mapo-gu Mapo-dong” road in the same Dong from the front of the “Mapo-gu Mapo-dong” to the road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Previous records of judgment: Criminal history records, probationary records, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (former records and results of confirmation-report - filing of summary orders);

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 (the punishment imposed on a violation of the Road Traffic Act with 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. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service and order to attend a lecture, even though the Defendant had already been punished twice due to drinking driving, once again driven by drinking.

However, it reflects his mistake, and the distance of drinking driving is not driving.

In consideration of these circumstances, the punishment as ordered shall be determined.