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 September 24, 2008, the Defendant issued a summary order of a fine of 1.5 million won or more for a violation of the Road Traffic Act at the Busan District Court, and on November 11, 2013, a fine of 5 million won or more for a violation of the Road Traffic Act at the Suwon District Court.

On April 5, 2014, at around 20:40, the Defendant driven C-roping car without obtaining a driver’s license from approximately 400 meters from the roads front of the influent frequency in the Songdong-dong, Gwangju, to the roads front of the Dongsan-ro, Dongsan-dong, and without obtaining a driver’s license, while under the influence of alcohol of about 0.097% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and investigation reports (suspects' previous records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the execution of the sentence shall be suspended periodically, considering the fact that the defendant has been punished three times due to drinking without a license (the two times during driving without a license) and twice due to driving without a license again, and the nature of the crime is not good, but all of the fines related to confession, reflectness, driving circumstances, drinking without a license, and driving without a license, etc.);

1. Article 62-2 (1) and (2) of the Criminal Act of the Act on Probation and Order to Attend Courses;