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 November 9, 2012, the Defendant issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Changwon District Court’s Tongwon District Court’s Tongwon Branch’s branch on November 9, 2012, and a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the same court on April 22, 2013, respectively.

On March 25, 2014, at around 23:15, the Defendant, without a driver’s license, driven BM3 motor vehicles from the front side of the Ulsan-dong defense Dong-dong “sponsore House” to the front side of the Ulsan-dong defense Dong-dong 70 U.S. defense Dong-dong, without a driver’s license, while under the influence of alcohol by 0.15%.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries and investigation reports, including criminal records, 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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service had already been punished twice due to the same kind of crime, and again, the Defendant driven a motor vehicle without a driver’s license while drinking the motor vehicle. Considering the criminal records of the Defendant, the content of the instant crime, etc., the nature of the crime is not weak.

However, in consideration of the fact that the defendant's mistake is divided and reflected, and that there is no record of punishment exceeding the fine due to the same kind of crime, the defendant's occupation and family relation are considered, and all the sentencing conditions such as the defendant's occupation and family relation are considered, the sentence is sentenced as ordered.