A defendant shall be punished by imprisonment for not more than ten 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 October 19, 2012, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the Gwangju District Court's Mancheon Branch on October 19, 2012, and on March 11, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed Driving).

On July 14, 2013, the Defendant, while under the influence of alcohol with blood alcohol content of 0.209% on July 14, 2013, driven the said vehicle in a section equivalent to 1 km from the lender, apartment, front of the apartment in the valley-dong to the front road in the valley-dong, without the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actions taken against the driver, and report on the status of the driver's practice;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The application of criminal records and investigation reports (suspect A summary order confirmation) 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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;