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 9, 2011, the Defendant received a summary order of KRW 2.5 million from the Incheon District Court to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act, KRW 3 million from the same court on January 12, 2012, and KRW 5 million from the same court on August 27, 2012, respectively.

The Defendant, as seen above, was a person with at least two times, who was punished for a violation of the Road Traffic Act (driving). On March 6, 2013, at around 01:20, the Defendant once again driven B-cars under the influence of alcohol content of at least 0.054% without a driver’s license from around 50 meters from the front day of the parking string in the Dongdaemun-gu Incheon Metropolitan City, Nam-gu, Seoul, to the front day of 1462.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. A driver's license inquiry;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes concerning investigation reports (Attachment to a copy of summary order);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that driving without a license or license does not lead to a traffic accident, and the fact that there is no other criminal record in addition to the violation of the Road Traffic Act due to a drunk driving or without license after 2007, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act on the grounds for discretionary mitigation);

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