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 November 1, 2010, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Changwon District Court, and on October 15, 2013, issued a summary order of KRW 7 million for the same crime, etc. at the Busan District Court.

On January 28, 2014, around 19:40 on the 19:40s, the Defendant driven a Category Maz car while under the influence of alcohol content 0.140% without obtaining a driver’s license from a section of about 100 meters from the bottom of the Highway Down-si, Kimhae-si to the following road at the Kimhae-si registration office in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law No. 3-7, 9, and 10 in the evidence list submitted by the prosecutor

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 an alternative sentence of imprisonment (see, e.g., history of the same type of crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (which acknowledges and reflects the misunderstanding of a person’s identity);

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime, and that the defendant does not repeat the same crime in the future);

1. Probation under Article 62-2 of the Criminal Act;