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

On June 27, 2008, the defendant was issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act in the Busan District Court's branch court's Busan District Court's order on June 27, 2008, and a summary order of 5.5 million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court.

On December 15, 2013, the Defendant, without a driver’s license, driven B Mt Motor Vehicle at a 10-meter range from the front of the CY parking lot to the front of the thought station in the same Dong and Dong, while under the influence of alcohol of 0.157% of the blood alcohol concentration at around 01:09, the Defendant driven B Mt Motor Vehicle at a 10-meter range.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Application of statutes concerning criminal records;

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

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

1. Selection of imprisonment with prison labor considering that there are many persons with the same kind of punishment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that no record of punishment for drunk driving exists during the period);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;