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 December 27, 2011, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court on December 27, 201, and a person who was issued a summary order of 5.5 million won for the same crime from the Busan District Court's Dong Branch on October 29, 2013.

On December 14, 2013, at around 22:38, the Defendant, without a driver’s license, driven B rocketing car at a section of about 50 meters in a road located within an apartment complex in Kimhae-si, Kimhae-si without a driver’s license, while under the influence of alcohol content of 0.181 percent.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 1 to 9, and 12 of the evidence list submitted by the prosecutor (hereinafter “list”).

1. Previous convictions in judgment: the application of the list 14 and 15 Acts and subordinate statutes;

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 (see, e.g., previous conviction);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (such as the fact that the defendant has no record of criminal punishment heavier than that of the suspension of execution for the same crime, and that the defendant does not repeat the same crime in the future);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act regarding an order to attend a probation and compliance lecture;