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

The Defendant, at the Jeju District Court on October 11, 2007, has the record of receiving a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on April 22, 2014, the above court received a summary order of KRW 2 million for the same crime.

On October 21, 2014, the Defendant was under the influence of alcohol with a blood alcohol content of 0.136% without obtaining a driver’s license on October 21, 2014. The Defendant driven a vehicle B with a low alcohol level of about 1km from the “non-public funeral home” in the Jeju-si to the front road of the “fluence company” located in the Orradong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and a copy of summary order;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. An order to attend a lecture: A sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc.: The recognition of the facts of a crime and reflects on it; circumstances which are disadvantageous to the fact that there is no criminal record exceeding a fine since 1996: The blood alcohol content is not low; there is no record of punishment for the same kind of crime in 2002 and 2004; and other records of punishment for the same crime in 204: It is so decided as per Disposition due to the circumstances leading to a crime and the defendant's occupation, etc.