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 became final and conclusive.

Punishment of the crime

On February 6, 2009, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on February 6, 2009, and a fine of seven million won due to a violation of the Road Traffic Act (driving) at the Seoul Western District Court on August 25, 2014.

On October 21, 2014, the Defendant, while under the influence of alcohol by 0.19% without obtaining a driver’s license on October 21, 2014, driven a vehicle B with approximately KRW 1 km from the Ha-dong, Mapo-gu, Seoul to the same road from 98-4.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (Attachment of the same summary order)-related Acts and subordinate statutes;

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 in which Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the penance of offenses and the absence of any past record of punishment exceeding the fine due to the same kind of offense);

1. A suspended sentence under Article 62(1)(the above conditions) of the Criminal Act is deemed to have been punished several times due to a drunk driving for the reason of sentencing, and the nature of the crime is not weak, but the crime is deemed to have been committed by a defendant without a license. However, the defendant's mistake is recognized and against his/her own mistake, there is no record of punishment exceeding a fine due to the same crime, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character, conduct and environment, etc., shall be determined