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 April 22, 2011, the Defendant was issued a summary order of KRW 3,000,000 for the violation of the Road Traffic Act (driving) in the Gwangju District Court’s Netcheon Branch on April 22, 201, and was sentenced to a fine of KRW 8,00,000 for the same crime in the same court on September 17, 2013.

Criminal facts

On February 11, 2014, the Defendant, without obtaining a driver’s license at around 18:40, driven a passenger vehicle B, at approximately 500 meters in the section of 500 meters from the front of the restaurant to the road in front of the same 43-lane, where he was under the influence of alcohol by 0.190% with a blood alcohol concentration of 0.190%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, copies of summary order, and application of three copies of written judgment and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;