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.

Criminal facts

In the Suwon District Court's Ansan Branch, the Defendant has the penal power for each summary order of KRW 1.5 million on January 28, 2014, and KRW 4 million on February 7, 2014.

On July 30, 2014, the Defendant, without obtaining a driver’s license on July 30, 2014, driven Bra-car from the Do in front of the Sindong Village No. 11-1, to the 6th Do in the same Sin-dong Village No. 11-1, as it had been under the influence of 0.156% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Registers of driver's licenses and details of disposition for cancellation thereof;

1. The application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confessions and reflects by the accused, and the fact that the accused has no penalty power exceeding the fine);

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

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;