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 January 22, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Chuncheon District Court on January 22, 201, and a summary order of KRW 1.5 million as a fine in the same court on June 15, 2012.

On April 24, 2013, the Defendant, without obtaining a driver’s license at around 12:55, driven a B1 ton cargo vehicle at a section of approximately 500 meters from the front of the restaurant of “Cheongcheon-si” in Chuncheon-si to the front of the “Cheongcheon-si Gyeongcheon-si Do” in the influence of alcohol content of 0.125 percent, without obtaining a driver’s license.

As such, the Defendant, who violated Article 44(1) of the Road Traffic Act on at least two occasions, once again driven a motor vehicle in violation of this provision under the influence of alcohol and without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. 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. 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 of Article 62-2 of the Criminal Act on probation and order to attend the course of education is that the defendant reflects an unfavorable circumstance, such as the fact that the defendant had three times of criminal records of the same kind, and that there is no record of criminal punishment heavier than the fine until now, and the defendant's character, character, environment, health conditions, and the various circumstances shown in the oral proceedings of this case shall be determined as ordered by taking into consideration the above circumstances.

It is so ordered as per Disposition for the reasons above.