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

[criminal record] On July 25, 2011, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Seo-gu District Court Branch of the Daegu District Court. On March 2, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court.

[Criminal Facts] On March 18, 2014, at around 20:40, the Defendant, without obtaining a driver’s license at approximately 500 meters section from the mutual infinite infinites located in the Round, to the front road of the Yongsan High School located in the Round, and driven B Skin Cargo with the blood alcohol concentration of at least 0.098% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Records before judgment: Application of inquiry reports on criminal records, etc., investigation reports (verification of the same kind of case and attachment of a copy of summary order);

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

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;