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 December 20, 2006, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) in the Youngcheon District Court’s Young-gu branch on December 20, 2006, and on November 2, 2012, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

On June 12, 2013, at around 19:30, the Defendant driven a 1 ton truck with alcohol level B while under the influence of alcohol level 0.087% while under the influence of alcohol level 0.087%, without obtaining a driver’s license, from the front side of the Dong-ri Apartment apartment located in the Gangseo-gu Seoul Metropolitan Government, to the front side of the river located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to a summary order of the same kind of crime);

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 suspended execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Road Traffic Act provides that there is a criminal record of a crime of violation of the Road Traffic Act due to a passive driving of alcohol and driving without a license, and Article 62 (1) of the Defendant again commits the instant crime only seven months even though he/she was punished by a fine of KRW 2 million on November 2, 2012 due to a drunk driving, etc.)

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