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 11, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on March 11, 201, and a fine of four million won for the same crime at the Seoul Central District Court on October 31, 2013.

Nevertheless, around 07:52 on September 28, 2014, the Defendant driven CY car under the influence of alcohol content of about 0.10% without obtaining a driver’s license at the 1km section from the Hyundai Home Telecommunication in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul to the front road of the GS station in which the Yeongdeungpo-gu, Seoul Metropolitan Government 2-1 is located.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspects' previous records and filing reports of written judgments);

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

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 sentence as ordered shall be determined in consideration of the fact that the error of sentencing under Article 62-2 of the Criminal Act is recognized and reflected, and that it does not reach a traffic accident.