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 December 11, 2007, the Defendant issued, at the Busan District Court, a summary order of a fine of two million won or more for a violation of the Road Traffic Act; on April 1, 2009, a summary order of a fine of four million won or more for a violation of the Road Traffic Act; and on January 6, 2014, a summary order of a fine of five million won or more for a violation of the Road Traffic Act at the Changwon District Court.

Although the Defendant had been punished twice or more due to drunk driving, the Defendant, at around November 23, 2013, driven a CM5 car without a driver’s license, from around 800 meters away from the road front of the piracy restaurant located in the Jinhae-gu, Jinhae-si, Jinwon-si to the road front of the 100 refacing off in the same area, to around 0.183% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 3 and 6 of the evidence list submitted by the prosecutor;

1. Previous convictions in judgment: Application of the above evidence list Nos. 2 and 9;

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 (see, e.g., previous conviction);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime, has been detained for more than one month due to the crime in this case and has not

1. Probation under Article 62-2 of the Criminal Act;