A defendant shall be punished by imprisonment for not less than eight 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 September 3, 2013, the Defendant issued a summary order of KRW 4 million in fines for a violation of the Road Traffic Act at the Jung-gu District Court on September 3, 2013, and a summary order of KRW 4 million in fines for the same crime at the same court on November 11, 2013.

On September 26, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a Kanop car under the influence of alcohol of about 0.156% without obtaining a driver’s license from around the 19:00 Dobcheon-si Do, Taecheon-si Do to front the Don-dong at the same time from around 700 meters Dondong to the front of the Dondong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the status of running a motor vehicle on the market, and a report on the replacement of a driver on the motor vehicle;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act is to be put on probation to prevent re-offending in consideration of the following: (a) the Defendant has had a record of punishment for drunk driving twice in a short period, as before the judgment of the court; and (b) the Defendant continues to drive the same vehicle at the time of detection; and (c) the Defendant is suspected to continuously drive the same vehicle at the time of detection.