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 29, 2013, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on November 29, 2013, a summary order of KRW 4 million for the same crime in the Daejeon District Court’s Seosan Branch on January 24, 2014, and a summary order of KRW 6 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court’s Ulsan District Court on November 14, 2014, respectively.

On October 25, 2014, at around 01:20, the Defendant, without a driver’s license, driven B New EFL or another car from approximately 3 km to the road located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Seoul-do, at the 0.131% alcohol content while under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of the same attached records), previous records of disposition, results of confirmation, and reporting;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been subject to three times punishment due to drunk driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drunk driving shall be punished more strictly.

There are many kinds of circumstances, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc.