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

[criminal power] On August 21, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Incheon District Court’s Busan District Court’s Branch, and a summary order of KRW 3 million for the same crime at the Seoul Central District Court on April 29, 2013.

[2014 Highest 6388] Although the Defendant had a drinking career twice as above, on July 29, 2014, around 02:45, the Defendant driven an E PP car under the influence of alcohol level 0.167% under the influence of alcohol level 0.167% without obtaining a driving license from around the roads near the Gwanak-gu in Seoul Special Metropolitan City to around 613-10, the Gwanak-gu in Seoul Special Metropolitan City.

Accordingly, the defendant was driving a motor vehicle under the influence of alcohol more than twice without obtaining a driver's license, and was driving a motor vehicle under the influence of alcohol.

[2014 Highest 6878] Around September 17:20, 2014, the Defendant driven a motor vehicle in the direction of about 5km from the subway 2 line in Seocho-gu Seoul to the front road of the Goak Police Station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul, without a motor vehicle driver’s license.

Summary of Evidence

[2014 Highest 6388]

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A driver's license inquiry;

1. Inspection conducted as a result of the crackdown on drinking driving;

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The register of driver's licenses (previous record on market);

1. Criminal records;

1. Application of investigative reports (prior records and confirmation of suspects) Acts and subordinate statutes;

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; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The punishment of imprisonment without prison labor is to be imposed in cases where the errors under Articles 53 and 55 (1) 3 of the Criminal Act are repented; and