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 of the final judgment.

Punishment of the crime

On July 22, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act, and a summary order of KRW 4 million as a fine at the Seoul Western District Court on May 26, 2014.

The Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times on July 15, 2014, operated a B rocketing car under the influence of alcohol level of 0.161%, without obtaining a driver’s license in the section of approximately 300 meters from the underground parking lot near the above apartment 203-dong to the outer edge of the said apartment at approximately 1325 Doh 22-33 at the Yangju-si on July 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (limited to the same type of criminal records and attachment 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation [Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant shows his attitude to repent in depth while recognizing his mistake; the substitute driver was driving a vehicle up to the instant underground parking lot, but he was in the underground parking lot of another apartment building, which is different from the original destination, and thus, he seems to have reached the drinking driving in this case in order to stop from it

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. An order to attend a lecture issued under Article 62-2 of the Criminal Act (the order to attend a compliance driving lecture shall be imposed to prevent recidivism, considering the repeated drinking of drinking, such as before the market);