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 November 29, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act at the Daejeon District Court, and was sentenced to a fine of KRW 5 million at the Daegu District Court on November 7, 2012.

On October 10, 2012, the Defendant, without a driver’s license, driven a car at approximately 3 km from the present Heung Elementary School located in the Sinsan-si Densan-si 0.182% of the blood alcohol concentration at a level of 0.182%, with the driver’s license on October 10, 2012, the Defendant driven a car at Ccoin in the section of approximately 3 km from the present Heung Elementary School located in the Sinsan-Eup Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on detection of the driver, and the register of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to summary orders of the same kind of power);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered when committing a crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;