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 December 9, 2009, the Defendant was issued a summary order of 2.5 million won for a crime of violating the Road Traffic Act at the Seoul Northern District Court, and on December 27, 2013, the Defendant was issued a summary order of 4 million won for the same crime at the Incheon District Court.

On April 4, 2015, the Defendant, without obtaining a driver’s license on April 4, 2015, driven a car B-Da8 car from around 1 km to the roads of the National Pension Service located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon Metropolitan City, from the National Pension Service to the roads of about 0.137% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type criminal records, etc.);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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