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 April 30, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Western District Court on April 30, 2012, and a fine of 2.5 million won for a violation of the Road Traffic Act at the above court on July 18, 2012, respectively.

On November 21, 2012, at around 01:27, the Defendant, while under the influence of alcohol of 0.124%, driven a CM5 vehicle from the front of the Seongbuk-dong National University of Seongbuk-gu Seoul National University to around 105-37, Seodaemun-gu, Seoul, Seodong-dong, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to inquiries about criminal records, etc. and investigation reports;

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 with heavier punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for drunk driving or unlicensed driving but again commits the crime of this case, although it is not good to commit the crime of this case. However, the fact that the defendant was aware of the crime of this case, there is no significant criminal record, and the defendant's age, character and conduct, and environment are determined as ordered by taking account of the sentencing conditions indicated in the records, such as the age, character and conduct, etc. of the defendant.