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 April 8, 2008, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on April 8, 2008, and on November 30, 2012, the Defendant issued a summary order of KRW 3,50,000 to a fine for the same crime.

On December 26, 2013, at around 21:50, the Defendant driven a 100-meter section from the road in front of the solitary restaurant located in the solitary City to the front of the said livestock cooperative without obtaining a driver’s license, and drive B A-to-purd vehicle with a blood alcohol concentration of 0.163% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs, survey report on the actual state of a driver, and the register of driver's licenses;

1. Previous convictions: Criminal history records, inquiry reports, and application of Acts and subordinate statutes concerning the details of driver's license revocation;

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 of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Feb. 21, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;