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 July 5, 2010, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 5 million for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million with the same court on May 29, 2013, respectively.

On November 19, 2013, at around 19:00, the Defendant driven B rocketing car volume at a level of about 500 meters alcohol concentration without obtaining a driver’s license at a range of about 500 meters from the front of the YY to the front of the convenience store, in a state of under the influence of alcohol content of 0.236%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries into 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;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had a previous record of drunk driving, the risk of drunk driving and unlicensed driving, and the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant has no criminal record exceeding the fine, the defendant reflects the crime, and other circumstances that are the conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation and family environment, shall be taken into consideration;