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 March 6, 2008, the Defendant was issued a summary order of two million won or more as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on March 6, 2008, and a summary order of seven million won or more as a fine for a violation of the Road Traffic Act in the same court on July 12, 2013, respectively.

On July 27, 2013, at around 13:20, the Defendant driven B Ethp car under the influence of alcohol content of 0.201% without obtaining a driver’s license from the front of a cafeteria near the community credit cooperative in the Gu-Si, Si-Eup to the front road of the Yan-Eup in the Gu-U.S., a 1km section from the front of a cafeteria to the front road of the Yan-Eup in the Gu-U.S., Si-Eup.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. A host driver's report (26 pages of investigation records);

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to investigation reports (former and attachment reports of judgment);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant is subject to criminal punishment on several occasions due to drunk driving or unlicensed driving until July 12, 2013; (b) the level of drinking alcohol is considerably high; and (c) the central division of drinking driving is subject to such punishment; (d) the Defendant is not subject to such punishment, but it is against the law; and (e) it is not confirmed that there has been any criminal records of suspended sentence or heavier punishment due to the same crime; and (e) the sentence shall be determined