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 December 21, 2011, the Defendant issued a summary order of 1.5 million won to a fine for a violation of the Road Traffic Act at the Daegu District Court on December 21, 201, and was sentenced to a fine of 5 million won at the Daegu District Court on November 7, 2013.

On April 6, 2015, at around 06:45, the Defendant driven B K5 cars while under the influence of alcohol of about 0.081% of alcohol content without obtaining a driver’s license from around 1km section from the front of the Daegu Northern-ro 138-8 Moroc restaurant to the front of the Daegu Northern-gu 11 Morocam, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the crackdown on drinking driving;

1. License register;

1. Records before and after judgments: Criminal records, etc., inquiry reports, investigation reports (Attachment of two times the suspect's drinking alcohol), summary orders, and application of 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, even though the defendant had a record of punishment for the same kind of crime, and since he/she had a drinking or non-licenseed driving, the quality of the crime is not weak.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's motive, means and result of the crime of this case; circumstances after the crime of this case; the defendant's age, character and conduct; and family environment.