A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On November 23, 200, the Defendant received a fine of two million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court on November 23, 2000, a fine of seven hundred thousand won for a violation of the Road Traffic Act (driving) from the Busan District Court on January 30, 2009, a fine of three million won for a violation of the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court’s Support on May 23, 2011, a fine of three million won for a violation of the Road Traffic Act from the Changwon District Court’s Support on January 16, 201 to a fine of one million won for a violation of the Road Traffic Act (Free Driver’s License) from the Changwon District Court’s Support on July 2, 2012 to a fine of two million won for a violation of the Road Traffic Act (Free Driver’s License) and a fine of two million won on September 26, 2014.

【Criminal Facts】

피고인은 자동차운전면허를 받지 아니하고 2015. 8. 5. 23:23경 통영시 도남동에 있는 미륵도횟집 포장마차 앞 도로에서부터 같은 동에 있는 유람선터미널 앞 도로에 이르기까지 약 1km 구간에서 혈중알콜농도 0.071%의 술에 취한 상태로 피고인 소유의 C 스타렉스 승합차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Previouss before and after judgments: Application of criminal records, investigation reports (reports before and after dispositions, results of confirmation, and attachment of the same previous judgments) and 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 (Punishment provided for in a crime of violating the Road Traffic Act heavier than punishment and choice of imprisonment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the records and arguments of this case are shown in the following circumstances: the defendant’s age, character and conduct, environment, motive for committing the crime, circumstances after committing the crime.