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

[criminal power] On September 7, 200, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Seoul East Eastern District Court for six months of the suspension of execution on March 5, 200, a fine of 1 million won for a crime of violation of the Road Traffic Act at the Sungnam Branch of the Suwon District Court on March 5, 2007, and a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Seoul East East East District Court on October 7, 201.

【Criminal Facts】

On March 3, 2013, the Defendant, without obtaining a driver’s license at around 22:10 on March 3, 2013, driven a Grand Co., Ltd. owned B from approximately 500 meters section from 344 to 52-48 of Songpa-gu, Seoul with a blood alcohol concentration of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made under the circumstances of a drinking driver, and the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records, references to criminal records, reports on the results of confirmation, application of Acts and subordinate statutes to investigation reports (a copy of summary order, etc.);

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant drives a motor vehicle under the influence of drinking again even though his/her driver's license was revoked due to the suspicion of drunk driving, the fact that the drinking level of this case is considerably high, and that the defendant has already been punished due to the suspicion of drunk driving over several occasions, such as the record of the judgment in the previous drinking driving.