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 February 17, 2014, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on February 17, 201, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 21, 2012.

On April 19, 2014, at around 20:52, the Defendant driven a BpD vehicle under the influence of alcohol content of 0.076% without a car driver’s license, in a section of approximately one kilometer from the front side of a restaurant where it is impossible to know the trade name in the Chang-do, Seoyang-si, Seoyang-si, Seoyang-si to the front side of the same Eup to 1922 street.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to the agreement assistance to the case;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1)(5) years prior to and four times prior to and after the driving without the license; Supreme Court Decision 200Do328, Apr. 2, 2006);

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;