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

The defendant, at the Changwon District Court on March 23, 2007, issued a summary order of one million won or more as a crime of violation of the Road Traffic Act; on May 26, 2008, at the same court on May 26, 2008, a summary order of 1.5 million won or more as a fine for the same crime; and on April 12, 2010, the same court issued a summary order of 2.5 million won or more as a fine for the same crime, respectively.

At around 20:40 on October 24, 2013, the Defendant, without a driver’s license, driven Bbeu or a car at a section of about 500 meters from the front of the Jung-gu Seoul Special Metropolitan City, Gyeong-gun’s Seoul Special Metropolitan City (Seoul Special Metropolitan City), in the direction of alcohol concentration of 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of driving under the influence of alcohol, inquiry of the results of crackdown on driving under the influence of alcohol, and driver's license inquiry;

1. Previous records of judgment: Application of inquiries, such as criminal records, investigation reports (attached to previous records and copies 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;

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 reasons for sentencing under Article 62-2 of the Criminal Act, even though the defendant had a history of punishment several times due to drinking driving, choice of imprisonment is made in consideration of the fact that the defendant had no record of punishment heavier than the fine for the same kind of crime, the defendant's mistake is divided and does not cause any traffic accident, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order.