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 October 10, 2006, the Defendant issued a summary order of KRW 5 million at the Seoul Central District Court as a fine of KRW 3 million due to a violation of the Road Traffic Act (driving without a license), KRW 1.5 million due to a violation of the Road Traffic Act (driving without a license) at the same court on June 2, 2008, KRW 1 million due to a violation of the Road Traffic Act (driving without a license), and KRW 1 million due to a violation of the Road Traffic Act (driving without a license) at the Jung District Court on April 2, 2012 at the Jungbu District Court on February 5, 2013.

【Criminal Facts】

On August 20, 2014, at around 23:20, the Defendant driven a B 130 km while under the influence of alcohol level of 0.113% without a car driver’s license from around a restaurant in the pressure-dong of Gangnam-gu Seoul, Seoul to around 56 Donaro 85, Gwangjin-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the status of a drinking driver, and report on detection of a drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, copies of summary orders attached thereto, and application of 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 ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture had a history of punishment for the crime of violating the Road Traffic Act due to drinking driving, etc. (the driver's license was revoked on February 18, 2013), it is not well-known.