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 March 26, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on March 26, 2009, and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) in the same court on August 30, 2013 and violated Article 44 (1) of the Road Traffic Act at least twice.

On March 5, 2014, at around 23:05, the Defendant, without obtaining a driver’s license, driven a car with Ctecin from approximately 100 meters away from the front of the trade influence, which is located in the downstream-dong in Jinju-si, to the original road located in the same Dong, while under the influence of alcohol by 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver and report on the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of power) and 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. In light of the fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. have a history of having been punished several times due to drinking, unlicensed driving and traffic accidents, the defendant's blood alcohol concentration is very high to 0.223%, and the police officer's personal information of the punishment was leaked, it is deemed that a serious punishment against the defendant is needed.

However, the fact that the defendant was committed while committing a crime, the driving distance is relatively short of about 100 meters, and the elderly is not good.