A defendant shall be punished by imprisonment for not less than eight months.

except that 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 21, 2009, the Defendant issued a summary order of KRW 4 million at the Jeju District Court for a fine of KRW 2 million due to a violation of the Road Traffic Act, and on June 25, 2013, the above court issued a summary order of KRW 4 million due to the same crime, etc.

On July 19, 2013, at around 16:40, the Defendant, without a car driver’s license, driven the Brocketing-free car at approximately 5km from the entrance of the third bathing beach in Jeju Cyang to the front road of the Cyang apartment moving at Jeju at around 17:00 on the same day before the entrance of the third bathing beach in Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the register of blood alcohol and driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 1, 44 (1) (the point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 51 of the Criminal Act), taking into account the following circumstances: Recognizing the facts of crime and reflects the fact of crime; Recognizing the fact that there is no criminal record for a suspended sentence: The circumstances that are disadvantageous to a person who has no criminal record for a suspended sentence: high alcohol content; and the fact that a fine (4 million won) was imposed on June 25, 2013 due to a drinking traffic accident, and again led to the instant crime. It is so decided as per Disposition by the assent of all participating Justices on the grounds that the motive of crime and the financial conditions