A defendant shall be punished by imprisonment for one year.

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 November 30, 2007, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 30, 2007, and on February 29, 2008, the same court issued a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) at least twice.

At around 22:50 on September 27, 2012, the Defendant, without a car driver’s license, driven a car with C Laststring at approximately 3km from the front of the modern apartment located in the Go-dong in Yang-dong in Yang-si, Yang-si to the Seoul So-dong Road located in the same city-dong around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of inquiry reports and investigation reports (Attachment to previous records and copies of summary order) by criminal records, etc.;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act, is considerably high to 0.154% of Defendant’s blood alcohol content, and the distance from driving in the drinking state is about 3 km as well. The Defendant is found to have committed the instant crime under the circumstances that: (a) the Defendant was under the influence of alcohol, driving without a license, driving without license, etc. eight times (one time for the violation of the Road Traffic Act, two times for driving without a license, four times for driving without a license, and one time for driving without a license) or criminal punishment, etc.; and (b) the Defendant was found to have been exposed twice as a non-exclusive driver only in 201