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 March 17, 2011, the Defendant was punished by a fine of two million won by a violation of the Road Traffic Act (driving) and a fine of seven million won by a same court on August 16, 2012.

Criminal facts

On December 8, 2013, at around 00:02, the Defendant, without a driver’s license, driven a BFB-type car at a section of approximately 300 meters from the front day of the influence 0.110% of the blood alcohol concentration at a drinking time to the front day of the mother street located in the same city ero-dong from the day before the influence fluent-dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on a violation of the Road Traffic Act (driving) or a suspect, and reporting on the status of driving under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment to the same criminal records, etc.), each summary order, and application of statutes governing the judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;