A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On September 11, 2006, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on September 11, 2006. On February 7, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch, and the said judgment became final and conclusive on February 15, 2014.

On January 24, 2014, at around 07:40, the Defendant driven B K-car without a driver’s license, while under the influence of alcohol content of approximately 0.104% from the section of about 50 meters from the ancient city at the ancient city to the front road of the ancient city at the ancient city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to criminal records, previous records of dispositions, report on results of confirmation, and investigation reports (whether a judgment rendered on February 7, 2014 becomes final and conclusive);

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. Handling concurrent crimes and mitigation thereof: The latter part of Article 37, Articles 39 (1) and 55 (1) 3 of the Criminal Act (the consideration of equity in cases where a judgment in the market is rendered concurrently with a crime for which a judgment in the market has become final

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1,

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

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