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

【Criminal Power】 On September 7, 2007, the Defendant issued a summary order of KRW 2.5 million to a fine for a violation of the Road Traffic Act at the Incheon District Court, and a summary order of KRW 5 million to a fine in the same court on July 17, 2013, respectively.

【Criminal Facts】 On May 16, 2014, the Defendant driven a Bi40-car from the front side of the Nam-gu Incheon Nam-gu sublime without obtaining a driver’s license on May 16, 2014, to the front side of the “Tai Tourism” located in 62 in the same market volume from the front side of the “specific third-distance” road where the address below the Dong of the Nam-gu, Incheon is unknown while under the influence of alcohol level of 0.113%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the register of driver's licenses, etc.;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (attached to 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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Jan. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;