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 August 10, 2011, the Defendant was issued a summary order of 3.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Busan District Court’s Branch, etc., and on July 5, 2013, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) at the same court.

On October 22, 2013, around 22:36, the Defendant: (a) moved from the calculated Dong of Incheon Metropolitan City to the 9-37 front road in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the Defendant was under the influence of alcohol with approximately 5km alcohol concentration of approximately 0.164% without the driver’s license; and (b) drive the automobile.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment of copies of judgments, etc. on the same kind of case), written judgments, etc.;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1146

1. Article 62 (1) of the Criminal Act (see, e.g., the foregoing circumstances and the facts that the defendant has no criminal record of suspended execution);

1. Order to attend lectures under Article 62-2 of the Criminal Act;