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 March 4, 2013, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court on March 4, 2013, and was sentenced to a summary order of KRW 6 million for a crime of violation of the Road Traffic Act at the Incheon District Court on August 19, 2014, and was sentenced to a summary order of KRW 6 million for a crime of violation of the Road Traffic Act.

On November 26, 2014, at around 03:45, the Defendant driven a 'B'W GT 30dxri' vehicle under the influence of alcohol concentration of about 0.082% without obtaining a driver's license for the portion of about 4KM from the front day of the restaurant, which is a " Jeju-do Water Port" in the southwest of Gangnam-gu Seoul, to the course of distribution of the 73 Olympic Airport in Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (limited to criminal records of the same kind of suspect and summary orders);

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 work and consideration given to the circumstances under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs and the fact that he/she has no criminal record of imprisonment without prison labor or heavier punishment);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. Probation and community service order under Article 62-2 of the Criminal Act;