A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 7, 2007, the defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act in the Gwangju District Court's net support on May 7, 2007, and on January 6, 2010, the same court was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act.

Criminal facts

On January 23, 2014, the Defendant, without obtaining a driver’s license at around 21:47, driven a Crens car at around 10 meters from the core parking lot located in the valley-dong at the 115% alcohol concentration, while under the influence of 0.15% of alcohol content, to the entrance of the parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of running a driving without a license, a report on the status of operating a driving without a license;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (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 and community service businesses under Article 62-2 of the Criminal Act;