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 this judgment becomes final and conclusive.

Punishment of the crime

On May 20, 2011, the Defendant was issued a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act by the Seoul Eastern District Court. On October 11, 2013, the Seoul Northern District Court issued a summary order of KRW 4 million with a fine for a violation of the Road Traffic Act.

On November 26, 2013, at around 22:00, the Defendant driven a B-in vehicle without obtaining a driver’s license with a blood alcohol concentration of 0.090% under the influence of alcohol on the same city’s aptitude, from around 8km to the road in front of the T-in-ro in the case of the same city’s aptitude.

Accordingly, the defendant, who has been punished more than twice by driving a motor vehicle under the influence of alcohol, once again drives a motor vehicle under the influence of alcohol, and simultaneously drives a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of each sentence of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the consideration that the defendant is against his/her will);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;