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 June 17, 2009, the Defendant issued the summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch of the Daegu District Court, and on April 22, 2015, the same court issued the summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving).

On April 16, 2015, the Defendant driven BM7 car under the influence of alcohol content of 0.119% without obtaining a driver’s license from a section of about 1 Km in the section of about 1 Km from the front of the Guro-dong SKK Hasi-dong to the front road of the Gu-si SKK KK Hasi-dong, Sinsi-si, Seoul, on April 16, 2015, although he had a two-time alcohol record.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the state of standing of a driving under the influence of alcohol, inquiry into the results of the crackdown on drinking driving, and notification of the results thereof;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (reports on the confirmation, etc. of criminal records of the same kind of crime as a suspect), previous records of disposition and results of confirmation, two copies of report, and application of a summary order under 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. 2, 2007) (see, 2008Da1248, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act to attend lectures;