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 became final and conclusive.

Punishment of the crime

On September 22, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 4 million as a fine at the Seoul Central District Court on July 14, 2015, respectively, for the same crime at the Seoul Central District Court.

On December 23, 2015, at around 23:32, the Defendant driven a B SP car under the influence of alcohol content of 0.120% without a car driver’s license, from around the king bathing beach road located in the Jung-gu Incheon Metropolitan City, to around the 16-5 Northwest coast of the same Dong Dopo-dong to the 16-5 Northwest-dong, Seo-dong, Seo-dong, Seo-dong, Seo-dong, the Defendant driven the B SP car without a car driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect driving records);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 2009);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the same grounds as the above);