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 February 27, 2012, the Defendant was notified of a summary order of a fine of three million won for a crime of violating the Road Traffic Act in the Changwon District Court’s territorial branch on February 27, 2012, and on August 7, 2012, the Defendant was notified of a summary order of a fine of five million won for the same crime in the same court.

On January 25, 2013, the Defendant, without obtaining a driver's license, driven a CMF5 vehicle at a section of about 20 meters from the Do in front of the Haak-gu Do in the Haakpo-dong in the Ypo-dong, which was under the influence of 0.113% of the blood alcohol concentration without obtaining a driver's license on January 25, 2013 to the road front of the dry field restaurant in the Ypo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. A report on the statement of the status of a drinking driver, and a report on the status of a drinking driver;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. Before ruling: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (a copy of summary order) including criminal records;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in several times, and the defendant has no longer been punished for driving under influence or driving without a license on December 2012, since he/she received a summary order due to driving without a license on the same day and again commits the instant crime, it is necessary to strictly punish the defendant in light of the fact that he/she is committing the instant crime. However, the defendant supports and lives his/her mother, and is expected not to repeat again after disposing of his/her vehicle, and the circumstances constituting the sentencing conditions indicated in the instant records, such as the defendant's age, character and behavior, family relationship, family environment, means of crime, and circumstances after committing the instant crime.