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 October 2, 2008, the Defendant received a summary order of KRW 3,000,00 as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Sungwon District Court's Sungnam Branch on October 2, 2008, and on October 13, 2008, the Seoul Central District Court issued a summary order of KRW 6,000,000 as a fine for a violation of the Road Traffic Act (non-licensed driving), a violation of the Road Traffic Act (non-licensed driving), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), and a violation of the Road Traffic Act (non-licensed driving) at the Seoul East District Court on April 3, 2009.

On April 4, 2013, at around 23:27, the Defendant driven a B-benz car without obtaining a driver’s license from the Guro-gu Seoul Metropolitan Government T-ro 3 T-dong parking lot to the 1127 front roads, and without obtaining a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.149%.

As a result, the defendant was driving a motor vehicle under the influence of alcohol more than twice at the same time without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen (referring to five times before the same type of punishment);

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;