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 August 10, 2009, the Defendant received a summary order of KRW 5,000,000 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act. On June 27, 2011, the same court received a summary order of KRW 2,50,000 as a fine for the violation of the Road Traffic Act.

On July 23, 2012, at around 23:00, the Defendant, without a driver’s license, driven a car with approximately KRW 2 km from the mountain apartment near the mountain apartment located in the Yancheon-si, Seocheon-si, Seocheon-si, with a blood alcohol content of 0.181% while under the influence of alcohol without a driver’s license, to the front day of the leap middle apartment located in the same Ri.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the circumstances of the driving of a motor vehicle;

1. Inquiry the results of drinking control;

1. Data showing the grounds for disqualification of drivers;

1. Application of the statutes on the register of driver's licenses;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

6. Although the reason for sentencing under Article 62-2 of the Criminal Act has several times the criminal records of punishment for drunk driving, the fact that the defendant again committed the crime of this case is disadvantageous to the defendant, the defendant does not keep a distance from his driving in this case, the defendant has no criminal records of suspended sentence or higher, and other factors of sentencing as shown in the trial of this case, including the defendant's age, character and conduct, occupation, circumstances after the crime, etc., are considered.