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 13, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 13, 2012. On July 19, 2013, the Seoul Eastern District Court issued a summary order of eight million won for a fine for a violation of the Road Traffic Act.

On July 16, 2013, the Defendant, without obtaining a driver’s license on July 16, 2013, driven B SP car from the 2km section of Seongdong-gu Seoul, Seongdong-gu, Seoul, on the road where it is impossible to know the 0.137% alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, inquiry of the results of crackdown on drinking driving, and output of drinking;

1. Registers of driver's licenses;

1. Previous convictions: References to criminal records, reports on the results of confirmation before and after a disposition, and application of Acts and subordinate statutes to report criminal investigations (written rulings of the same criminal suspect and reports on attachment to indictment);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a course is that the defendant drives a motor vehicle under the influence of alcohol even though he/she had no driver's license due to the revocation of a driver's license due to a drunk driving, and the defendant was discovered to be suspected of drunk driving over three occasions, including the records of the ruling for a period of one year and the crime of this case, and the fact that the taking of alcohol in this case is considerably high.