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 April 2, 2007, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act at the Seoul Southern District Court on April 2, 2007, and on May 13, 2014, the Defendant was punished by a fine of KRW 2 million under the name of the same crime in the Suwon District Court on May 13, 2014 and was sentenced to a summary order of KRW 2 million for drinking driving two times more.

On October 19, 2014, the Defendant, without obtaining a driver’s license at around 23:17, driven a Bknife vehicle at a distance of about 4 km from the vicinity of the front line of the Dong-gu in Ansan-si to the same hour from the 612 (central route) of the same city to the front line of the terminal while under the influence of alcohol by 0.125%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, inquiry of driver's license, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes, such as 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. 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 extenuating circumstances among the reasons for sentencing);

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.: The defendant has three times the penalty power due to drunk driving, and the driver's license was revoked due to drunk driving on or around May 2014, and other favorable circumstances such as the fact that the defendant commits the instant crime: The defendant reflects the wrong, the defendant has no criminal record of suspended sentence or heavier, and the sentencing conditions under Article 51 of the Criminal Act are considered.