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 November 17, 2006, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act, etc. at the Gunsan Branch of the Jeonju District Court on November 17, 2006, and on June 5, 2013 at the same court on June 5, 2013 each of the summary orders of KRW 4 million for the same crime, three times of the same record.

As above, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, and did not obtain a driver’s license.

On March 29, 2014, at around 0.10, the Defendant driven B rocketing car at approximately 700 meters from the front of the convenience store of the GS25, which is under the influence of alcohol 0.117% of blood alcohol level, on the roads of the same city of Sochina to the front of the Dongchina apartment located in the same Si of Sochina.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each 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. 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 imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there exists no history of punishment heavier than the fine imposed for a significant driving, the fact that the person appears to reflect, and that there is a family member to be supported);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;