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 April 10, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, on April 8, 2011, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) at the Pyeongtaek District Court’s Pyeongtaek District Court’s House, and on August 16, 2013, a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) was issued, respectively.

On March 24, 2014, at around 22:20, the Defendant driven a B Poke vehicle owned by the Defendant under the influence of alcohol 0.132% of alcohol alcohol level without obtaining a driver’s license from around 100 meters in a 100-meter section from around the Doro-Eup of Pyeongtaek-si to the front day of the drinking park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. The driver's license ledger;

1. On-site and photograph of an accident vehicle;

1. Previous records: Criminal records, etc., and the application of Acts and subordinate statutes to inquiry reports and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) in light of the fact that the defendant drives a motor vehicle without a license in a considerable drinking state despite three times of driving without the same kind of drinking skills; (b) although the defendant recognizes the facts charged in this case and drives a motor vehicle again, the defendant does not have the ability to be punished more than the fine; and (c) there are no other records such as the defendant's age, character and behavior, family environment, etc.