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 March 4, 2010, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in a site site of Suwon District Court on March 4, 201, and was sentenced to a fine of 4 million won in the same court on December 12, 2011.

On April 29, 2013, at around 20:59, the Defendant, without obtaining a driver’s license for a motor vehicle, was under the influence of alcohol with 0.165% of alcohol content in the blood, and driven a motor vehicle by translating it to B in front of the same Eup’s oil station in front of the influence Eup’s stability.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the situation of running a motor vehicle under consideration, and a report on the status of driving a motor vehicle under consideration;

1. Registers of driver's licenses;

1. The actual condition survey report;

1. Previous convictions: Application of Acts and subordinate statutes concerning 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. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The instant crime of probation and community service for sentencing reasons under Article 62-2 of the Criminal Act is a matter of causing a traffic accident while a defendant is driving a motor vehicle without a driver’s license. In light of the fact that the Defendant again committed the said crime even though he had the record of punishment two times due to a drunk driving, etc., the criminal liability is not easy.

However, the punishment shall be determined in consideration of various factors of sentencing, such as the fact that the defendant is recognized to commit a crime and there is no criminal record exceeding the fine, and the suspension of execution shall be sentenced on condition that probation and social service work