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

[criminal power] On May 27, 201, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on May 27, 201, and a fine of KRW 4 million for the same crime in the same court on April 15, 2014.

【Criminal Facts】

Although the Defendant had been punished as above, around 16:00 on May 5, 2014, at around 16:00, the Defendant driven B tea with blood alcohol content 0.135% under the influence of alcohol without obtaining a driver’s license from the front side of the Skin Incheon-gun, Gohap-gun, Gohap-gun to approximately 500 meters from the front side of the same Eup/Myeonnsan-ro 8-2, the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment (to consider the fact that a person commits the instant crime again because one month has not passed since the person was punished for the same kind of crime, etc.);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation and community service order under Article 62-2 of the Criminal Act;