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 June 8, 2012, the Defendant was sentenced to a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Hongsung Branch of Daejeon District Court on June 8, 2012, and was sentenced to a fine of KRW 10 million for the same crime from August 13, 2012 to the same support.

On March 21, 2013, at around 20:14, the Defendant driven a D-emulh vehicle with a blood alcohol content of about 0.088% under the influence of alcohol without a driver’s license, from the front of an influent restaurant located in the Hong-gun, Hong-gun, Hong-gun, Hong-gun to the front of the 3rd apartment complex of the same 4km-gu, Hongsung-dong, Hong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Written consent to blood collection and response to requests for appraisal;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is that the Defendant already was punished two times in the year 2005 and twice in the year 2012 without being aware of the fact that the Defendant had been punished by a fine for a total of four times, and that the Defendant was engaged in a drunk driving without being aware of the fact that the driver’s license was revoked due to a drunk driving and the Defendant was driven under a non-licensed condition. In particular, even though the Defendant was sentenced to a drunk driving on August 13, 2012, this court was automatically dismissed when the Defendant was sentenced to imprisonment without prison labor or heavier punishment under the personnel regulations of the company in which the Defendant is in service.