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

At the Daegu District Court on October 19, 2007, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act, and the summary order of six million won or more as a fine in the same court on August 13, 2012.

On January 24, 2014, at around 23:25, the Defendant, without a driver’s license, driven a BM7 car in the section of approximately 500 meters from the front of the “fachick” restaurant located in the Jinchi-Eup, M.135% of the blood alcohol concentration without a driver’s license, to the front of the “fachik” restaurant located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of employer-employed drivers, and statement of employer-employed drivers;

1. Registers of driver's licenses;

1. Reporting on detection of violations of the Road Traffic Act;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, and Acts and subordinate statutes;

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

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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished twice or more due to drunk driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, there is no criminal record of suspended execution or more, the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, etc. shall be comprehensively considered and determined as the sentence of this case.