A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] The Defendant had a record of being sentenced to a fine of KRW 6 million on March 7, 2013, as a crime of violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 7, 2013; a fine of KRW 2 million on September 24, 2012; and a fine of KRW 1 million on December 5, 201 at the Seoul Southern District Court on the same crime.

【Criminal Facts】

On May 31, 2013, the Defendant, without a driver’s license around 00:18, driven a B food car at a section of about 8 km from the front day of the additional dong-dong, Yangcheon-gu, Seoul to the south-dong, Yangcheon-gu, Seoul to 443, while under the influence of alcohol with a blood alcohol concentration of 0.05%.

As a result, the defendant, who has driven a motor vehicle more than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Judgment division: Application of Acts and subordinate statutes to inquiry and inquiry reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that the accused reflects his mistake, that the accused has no record of punishment of imprisonment without prison labor or more severe punishment, and that the accused's family relationship, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;