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 of the final judgment.

Punishment of the crime

On September 2, 2010, the Defendant was sentenced by the Jeonju District Court to a summary order of KRW 1,500,000 by a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000 by the same court on June 10, 2013, respectively.

On May 29, 2013, at around 21:58, the Defendant driven a B-hand car with the alcohol concentration of 0.094% under the influence of alcohol without a driver’s license, from the front of the restaurant in which it is impossible to know the trade name in Samcheon-gu, Samcheon-dong at the Jeoncheon-si, the front of the restaurant to the front of the stonsaw road located in the central Dong of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Investigation reports (related to a period of suspension of a suspect's license) and inquiry records of administrative disposition of the main office;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (pre-dispositions and report on results of confirmation);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant has no heavier criminal records than the fine, the confession of the crime in this case and reflects the depth thereof, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;