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 became final and conclusive.

Punishment of the crime

On October 26, 2009, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the sex support by the Daegu District Court on October 26, 2009, and on September 6, 2010, the same court was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act.

Criminal facts

1. Around 20:10 on August 22, 2012, the Defendant was under the influence of alcohol with a blood alcohol content of 0.174%, and around 20:30 on August 22, 2012, the Defendant driven C 8km section from the street in front of the Domine market in the Domine market in the Domine-gun of North Korea, Gyeongnam-gun, Gyeong-gun, the same day from around 20:30 on the same day to the street in front of the Domine station in the Domine-gun.

2. On August 22, 2012, at around 15:00 on August 22, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving the above 28km section from around the street in front of the oil station located in the Echeon-gun, the Gyeong-gun, the Gyeongbuk-gun, the Gyeongbuk-gun, the same day from around 20:30 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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. 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. 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. The reason for sentencing under Article 62(1) of the Criminal Act, even though the defendant had already been sentenced to a fine due to a violation of the Road Traffic Act by drinking driving and driving without a license, again committed the instant crime, it is inevitable to sentence imprisonment with prison labor for the defendant.

(b).