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 July 24, 2008, the defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court on July 24, 2008, a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on November 12, 2008, and a fine of one million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on January 2, 2014, respectively.

On September 5, 2015, at around 01:05, the Defendant driven a Bren motor vehicle under the influence of alcohol content of 0.058%, without a driver’s license, on the 1km section from the front side of the current third street in the Seo-gu, Seo-gu, Daegu to the front side of the Seo-gu, Seogu, Lane in the same Gu.

Accordingly, the defendant has violated Article 44 (1) of the Road Traffic Act more than twice, and has driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries inquiry reports, and the application of Acts and subordinate statutes to investigation reports;

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. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine and the fact that drinking is not high);

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