A defendant shall be punished by imprisonment for not more than ten 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 8, 2009, the Defendant was sentenced to a suspended sentence of 2 months with imprisonment for a violation of the Road Traffic Act for the purpose of violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on October 8, 2009. On May 27, 2013, the Seoul Central District Court issued a summary order of 4 million won as a fine for a violation of the Road Traffic Act.

On August 28, 2013, at around 23:00, the Defendant driven C rocketing car under the influence of alcohol content of about 0.173% without obtaining a driver’s license from the 3km section of the Seoul Yeongdeungpo-gu Seoul Metropolitan Government New-ro, Yeongdeungpo-gu, Seoul to the road front of the 102-7 Home Packer Stacks-gu, Seoul Metropolitan Government.

As a result, the Defendant violated the prohibition of driving at least twice under the influence of alcohol, and once again driven a car without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and driver's license register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Social service order under Article 62-2 of the Criminal Act;