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 May 18, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Daejeon District Court on May 18, 2007, and on May 13, 2010, the same court issued a summary order of KRW 5 million to a fine for the same crime.

On June 28, 2014, the Defendant, at around 22:00, driven C-FF truck under the influence of alcohol concentration of about 10 0.234% without a driver’s license on a section of about 10km from the front of the central air traffic market in Seocheon-gun, Chungcheongnam-gu, Chungcheongnam-do, the Republic of Korea around the same day to the front road of the Sinsan-si, Sinsan-si, Sinsan-si, the Defendant driven C-FF truck without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 for a violation of Article 40 or 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;