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 November 1, 2007, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act, and on May 30, 2012 to a fine of KRW 3,50,000 to a fine for a violation of the Road Traffic Act at the Seocho Branch of the Chuncheon District Court on May 30, 201 to a person who violated Article 44(1) of the Road Traffic Act at least twice.

On November 21, 2014, at around 12:40, the Defendant driven B Atop car under the influence of alcohol with a blood alcohol concentration of 0.069% without obtaining a driver's license in the section of approximately 2 km from the front of the Korean official in front of the Hanwon Man-gun to the front of the 16th road in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment prescribed for a crime of violating the Road Traffic Act following a drunk driving with heavier punishment), and choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (The following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is that the defendant committed the same crime again even though he/she was punished twice due to drinking driving.

However, the previous crime is punished by a fine, and the degree of drinking is relatively minor, the family, including young children, should be supported by the family, and the circumstances such as the control of drinking driving and the time of the punishment shall be determined by taking into consideration.