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 January 18, 2008, the Defendant received a summary order of fine of KRW 1.2 million from the Seoul Western District Court to a fine of KRW 1.2 million for a violation of the Road Traffic Act, KRW 2.5 million for the same crime at the Jungbu District Court on August 10, 2009, and KRW 7 million for the same crime at the same court on September 9, 2013.

On October 23, 2013, at around 01:05, the Defendant driven a Bomb car without obtaining a driver’s license in the state of alcohol concentration of approximately 0.165% from the section of approximately 3 km from around 364-19, Mapo-gu, Seoul, Seocho-gu to the road of the same 397-5, Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the results of the control of drinking driving, and a statement of the situation of drinking drivers;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to inquiries about criminal records, etc. and investigation reports;

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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;