A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 29, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch on August 29, 2007. On July 6, 2009, the Defendant was sentenced to a fine of two hundred and five million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court’s Branch on July 6, 2009. On September 8, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving).

On December 31, 2013, at around 00:28, the Defendant driven a motor vehicle in the area of approximately 200 meters prior to the roads of approximately 531-6, Seocheon-gu, Seocheon-si, 548, Seocheon-si, Seoul, with a blood alcohol concentration of at least 0.184%, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Inquiries about the results of the drinking control;

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports (former records and summary orders) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting a crime (Determination of Imprisonment with prison labor);

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

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

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act for the reason that the suspension of execution is more than three times before the previous conviction in the same case.