1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 24, 2014, the Defendant received a summary order of KRW 5 million from the Busan District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act. On January 23, 2013, the Defendant received a summary order of KRW 4,00,000 from the Busan District Court to a fine of KRW 1,00 for a violation of the Road Traffic Act.

피고인은 2014. 3. 1. 02:24경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.108% 술에 취한 상태에서 김해시 삼계동에 있는 상호불상의 식당 앞 도로에서 같은 시 구산동에 있는 김해운동장 앞 도로까지 500m 가량 B 포르테 쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. The license ledger;

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation, and application of Acts and subordinate statutes (report accompanied by a copy of a summary order);

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

1. Article 62 (1) of the Criminal Act (a person who has no criminal record of reflectivity or suspended sentence or any other criminal record);

1. It shall be decided as per the disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;