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

The Defendant, at the Daegu District Court on May 31, 2010, issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act, and on January 29, 2014, issued a summary order of KRW 5 million for the same crime in the Daegu District Court Kimcheon Branch on the same day.

Although the Defendant was punished for drinking twice or more as above, on March 28, 2015, at around 05:00, the Defendant driven a B rocketing car under the influence of alcohol content of at least 0.122%, without obtaining a driving license from the front of Samsung C&S, which was in the Jin-dong, Jin-dong, Sinsi-dong, to the front parking lot of about about 5km at the same time, and without obtaining a driving license from the front of Samsung C&M to the front parking lot of about 202-dong, Sindong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007; Supreme Court Decision 2007Da1248, Apr. 2, 201)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;