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

[criminal power] On July 16, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gwangju District Court and KRW 5 million as a fine in the same court on June 27, 2012.

【Criminal Facts】

On December 25, 2012, the Defendant, without obtaining a driver’s license on December 25, 2012, driven B automobiles from approximately 2 km to the front day of “hackp” way in the same Gu-dong from the day before the frequency of the trade in the middle-gu Yandong, Gwangju, to the front day of “hackp” clothes in the same Gu-dong, while under the influence of alcohol by 00:21%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. License register;

1. Previous records of judgment: Application of Acts and subordinate statutes after inquiring about criminal records, etc., reporting a copy of an inquiry report, and a summary order showing records of drinking driving;

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, Article 59 of the Act on Probation, etc. include a considerable amount of 0.122% blood alcohol concentration of the defendant, and the defendant committed the instant crime again within a short period not exceeding 6 months from the time of punishment, even though he had been punished twice due to the same kind of crime as the instant crime, and the crime without a license, and again repeated the instant crime (the defendant driven the vehicle used for the instant crime even at the time of the recent drinking driving, and currently owns the said vehicle under his own name). However, it seems that it is necessary to strictly punish the defendant in light of the fact that the defendant was punished for a short period not exceeding 6 months from the time of punishment.