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 August 26, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 7 million as a fine in the Hongsung Branch of the Daejeon District Court on March 29, 2012.

On November 26, 2014, at around 15:20, the Defendant driven a motor vehicle in the B et al. while under the influence of alcohol with a blood alcohol concentration of 0.16%, without obtaining a driver's license, from around 3km section from the front side of the Geumsung-gun, Hongsung-gun to the front side of the Geumsung-gun, Geumsung-gun, Geumsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. A driver's license inquiry;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant is contrary to and recognized as committing the instant crime, and all the circumstances revealed in the process of the instant public trial);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances as the one above);

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;