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 September 12, 2007, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on September 12, 2007. On November 12, 2014, the Defendant was issued a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch on November 12, 2014. On January 16, 2015, the Defendant was sentenced to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) by the Daegu District Court on January 16, 2015.

While the Defendant was punished twice or more due to drinking, on September 15, 2015, at around 23:10 on September 23:15, 2015, the Defendant driven Cho XG car fluor in the state of alcohol without a driver’s license from a high-fluorial fluorial parking lot in the Gu-U.S. Sim-si, Sim-dong, to the front of the same city-dong bicycle riding.

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 of judgment: Criminal records, inquiry reports, investigation reports (verification of the same type of crime records), one written judgment, and application of two copies of summary order Acts and subordinate statutes;

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) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 of the Criminal Act: