A defendant shall be punished by imprisonment for nine months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On June 13, 2013, the Defendant was sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on June 13, 2013, and a fine of KRW 2 million for the same crime at the same court on August 26, 2009.

On August 9, 2013, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a vehicle with a gallon that was not covered by mandatory insurance under the influence of alcohol of 0.097% without obtaining a driver’s license, on the 2.3km section of approximately 2.3km from the roads in front of the calggal basin in the Socdong-dong in Yang-si, Yang-si, Yang-si to the roads in front of the National Armed Forces Gyeyang-si in the same city at the same time as 23:03:0 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Mandatory insurance;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2, and Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The positive circumstances for sentencing under Article 62-2 of the Criminal Act: The positive circumstances for sentencing under Article 62-2 of the Act on Probation and Order to Attend: The defendant again committed the crime of this case even though he/she had the record of being punished for the same kind of crime over three times, by committing the crime of this case;