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 July 18, 2008, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act at the Suwon District Court on July 18, 2008. On November 9, 2010, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on Seoul Southern District Court on November 9, 201. On June 3, 2011, the Defendant was sentenced to a suspended sentence of six months by imprisonment for a violation of the Road Traffic Act.

On May 22, 2013, at around 22:10, the Defendant driven a benz car under the influence of alcohol content of at least 0.05%, without obtaining a driver’s license, from the Yangnam distance in Yeongdeungpo-gu Seoul Metropolitan Government Yangyang-dong, to the 300m-si in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (reports on criminal records of the same kind as suspects), each summary order, and application of statutes governing judgment;

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

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. 2, 201);

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

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