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 of the final judgment.

Punishment of the crime

On July 21, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Chuncheon District Court on July 21, 2008, and on December 27, 2010, the Seoul Southern District Court issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act.

Nevertheless, on March 5, 2014, at around 22:19, the Defendant driven a Bpad car under the influence of alcohol concentration of 0.14% without obtaining a driver’s license from the Do on the front side of Songpa-gu Seoul, Songpa-gu, Seoul to approximately 100 meters prior to the road in front of 232-ro, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of punishment records for driving the same kind of motor vehicle), and copies of each summary order attached thereto;

1. As a person who violated Article 148-2(2)2 and Article 44(1) of the Road Traffic Act concerning criminal facts at least twice in violation of Article 14(1) of the same Act (the prohibition of driving under the influence of alcohol) and drives a motor vehicle under the influence of alcohol in violation of the same Act again, the penal provisions against the defendant should be applied to Article 148-2(1)1 of the Road Traffic Act. However, the prosecutor simply applied Article 148-2(2)2 of the Road Traffic Act, which is a penal provision punishing a person who drives a motor vehicle under the influence of alcohol between 0.1% and 0.2%.

Since it is not possible to modify the penal provisions disadvantageous to the defendant, it shall be as sought by the prosecutor;

Subparagraph 1 of Article 152 and Article 43 of the same Act

1. Violation of Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment shall be imposed as provided for the crime of running a motor vehicle which is heavier than that of a motor vehicle;