A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was issued a summary order of fine of 2 million won on September 26, 2013 and fine of 2 million won on July 13, 2010 by the Incheon District Court as a crime of violating the Road Traffic Act.

[Criminal Facts]

1. On December 22, 2013, the Defendant was under the influence of alcohol content of 0.154% in blood transfusion around 09:10 on December 22, 2013, and without obtaining a driver’s license, the Defendant driven a B-Adi vehicle from a section of about 1 km from the uppermost of the bathing beach of Jung-gu Incheon Jung-gu to 920-1, Jung-gu, Incheon.

2. On December 22, 2013, the Defendant violated the Road Traffic Act, driving the said car at around 09:10, and driving it on the front of the 920-1, Jung-gu, Incheon, Jung-gu, to drive from the beach of the bathing beach located on the north coast. However, the Defendant, due to the occupational negligence of driving the center line under the influence of alcohol, destroyed the part adjacent to the victim Cump truck, which is proceeding on the opposite lane, to the front part of the said car, and thereby, damaged the repair cost of KRW 13,445,080.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver employed at the State, report on detection of the driver employed at the State, register of driver's licenses, and inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment, etc. of a summary order related to the same kind of force of the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 151 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Imprisonment with prison labor for a crime that violates the traffic laws at the option of a punishment, and the remaining crimes shall be punished by imprisonment without prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. The Criminal Act, the suspension of execution;