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 of the final judgment.

Punishment of the crime

On May 2, 2008, the Defendant was sentenced to a fine of KRW 700,00,000 as a crime of violation of the Road Traffic Act (driving) at the Jung-gu District Court on November 16, 2012, and a fine of KRW 3,50,000 for the same crime at the same court on November 16, 2012. On July 18, 2013, the Defendant driving a vehicle of KRW 100,000 from the Do in Yangyang-gu, Nam-gu, Seoul, Seoul, under the influence of alcohol concentration of KRW 0.072% without obtaining a driver’s license on July 18, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on the Punishment, etc. of Probation, without being aware of the fact that the defendant had been punished twice due to drunk driving, and has committed the crime of drinking and driverless driving in this case, and the defendant should be punished strictly, but the defendant should not be led to confession and re-offending. However, the defendant should be punished strictly, taking into account the fact that he/she has no other criminal records other than the previous offense of fine, etc., the sentence shall be imposed as ordered.