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 October 16, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Daegu District Court's branch court (Seoul District Court), and a fine of KRW 4.5 million for the same crime at the Daejeon District Court on December 6, 2012, and the Defendant was notified of a summary order of KRW 5 million for the same crime at the same court on December 9, 2013.

On November 16, 2014, at around 07:28, the Defendant, without a driver’s license, driven a vehicle Ck7 vehicle with a degree of 2km from the front of the news or etroke-dong in Daejeon-gu, Daejeon to the road front of the agricultural and fishery market in Daejeon-dong without a driver’s license, while under the influence of alcohol 0.167%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

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 55(1)3

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. An order to attend a lecture and an order to attend a community service, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., takes into account all the following circumstances into consideration: The favorable circumstances: (a) recognized the fact of crime and reflects the fact of crime; (b) there is no record of punishment subject to suspended execution or heavier punishment; (c) there is a record of punishment several times due to the same crime; and (d) the value of blood alcohol concentration of the instant case is high: