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 November 10, 201, the Defendant received a summary order of a fine of two million won for the crime of violating the Road Traffic Act from the Seogu District Court’s branch on November 10, 201, and a summary order of five million won for the crime of violating the Road Traffic Act from the Daegu District Court on July 4, 2012.

On July 20, 2014, at around 02:40, the Defendant driven BM3 motor vehicles under the influence of alcohol with a blood alcohol concentration of about 0.129% without obtaining a driver’s license from the front side of the SM3 motor vehicle in Seo-gu, Daegu-gu to the front side of the “Unononononori” restaurant located in Seo-gu, Seo-gu, Seo-gu.

Accordingly, the Defendant, without a driver’s license, was a person who violated Article 44(1) of the Road Traffic Act not less than twice, driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, etc. and other inquiry reports, investigation reports (Attachment to previous records and copies of summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, re-drinking, drinking not to drive under a license without a license; and (ii) the fact that there is no record of severe punishment, other than a fine, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;