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 October 18, 2013, the Defendant issued a summary order of KRW 2 million to the Seoul Eastern District Court for a fine of KRW 1,00,000 for a violation of the Road Traffic Act, on November 22, 2013, a fine of KRW 2,50,000 for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving). On April 30, 2014, the Defendant filed an appeal after being sentenced to a suspended sentence of KRW 2,50,00 for the same crime with imprisonment of KRW 6 months with labor for the same crime, and is still pending trial.

Nevertheless, on March 31, 2014, at around 22:41, the Defendant driven a B body-man car under the influence of alcohol concentration of 0.063% without obtaining a driver’s license from the 1km section of approximately 1k-ro 18-ro, Songpa-gu, Seoul, 000, 18-ro, 29,000.

Summary of Evidence

1. Defendant's legal statement;

1. Second protocol of interrogation of the accused by the police;

1. Statement report on the circumstances of a drinking driver, results of crackdown on drinking driving, and the register of driver's licenses;

1. The application of Acts and subordinate statutes to criminal records, etc., investigation records, investigation records, investigation records, investigation records, investigation records, and investigation records (verification of facts which belong to the same type of criminal records and trial records);

1. Relevant Articles 148-2 (1) 1, 44 (1) and 152 subparagraph 1, and 43 of theo Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. 보호관찰 및 사회봉사명령 형법 제62조의2 양형의 이유 최근 6개월 내에 세 차례나 음주운전 또는 음주무면허 운전을 하여 2회 벌금형의 처벌을 받았거나 현재 재판을 받고 있는 점 등에 비추어 징역형을 선택하되, 이 사건 음주측정치는 0.063%로, 앞서 언급한 세 차례 음주운전의 경우 음주측정치는 0.054% ∽ 0.084%로 각 측정되어 그 측정치가 그리 높지 않은 점,...