A defendant shall be punished by imprisonment for not less than eight months.

except that 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 December 21, 2010, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on December 21, 2010, and a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court on April 19, 2013.

Although the Defendant had been punished for a violation of the Road Traffic Act more than twice as above, at around November 9, 2013, the Defendant driven a Brocketing vehicle under the influence of alcohol concentration of about 0.197% without a driver’s license, from around the roads near the restaurant in the Mauri-Eup, Kimpo-si, Kimpo-si, to the roads near the Mapo-si, Kimpo-si, Kimpo-si, Kimpo-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting the circumstances of driving under the influence of alcohol and making the results of crackdown on drinking driving;

1. Report on the circumstances of driving without a license and the register of driver's licenses;

1. Inquiry reports on criminal records, etc., each disposition failure, reporting on the results of confirmation, and application of Acts and subordinate statutes of each summary order;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201)

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