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 September 23, 2013, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court on September 23, 2013, and on December 3, 2014, the Defendant was issued a summary order of 5 million won by a fine at the Daegu District Court on December 3, 2014.

On March 26, 2015, at around 00:30 on March 26, 2015, the Defendant driven a vehicle with low alcohol level of 0.105%, without obtaining a driver’s license, from around about 300 meters to the entrance of the Daegu Jung-gu Newcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records and other inquiries and investigation reports (reports on confirmation of drinking records twice a suspect)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (a person who has no criminal record of confession, reflectivity, or suspended sentence or heavier punishment);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;