A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Punishment of the crime

[criminal record] On January 28, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Chuncheon District Court, and on April 18, 2013, the same court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

[Criminal Facts] On October 22, 2013, at around 02:50 on October 22, 2013, the Defendant driven a DMW car with a blood alcohol concentration of 0.125% without obtaining a driver’s license from a section of approximately 80 meters from the back frame of the Southern Eastern Zone, which is located in Chuncheon City master’s zone, to the same Yang Dong-dong situation.

As a result, the Defendant, who had driven a motor vehicle at least twice, was driving the motor vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. A driver's license inquiry;

1. Previous records: Application of criminal records, etc. and other 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act lies in a favorable circumstance, such as the fact that the defendant had the same criminal record three times, and expressed his intention of reflectivity while committing the instant crime. Since the instant case, in order to prevent recidivism, the alcohol counseling center was visited to visit the alcohol counseling center to dispose of the owned vehicle after being consulted for the prevention of recidivism, and there has been no record of punishment heavier than the fine until now. Such circumstances are shown in the process of pleadings in the instant case, including the character, conduct, environment, etc. of the defendant.