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 May 25, 2007, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the Sungwon District Court's Sungnam branch on May 25, 2007, and on June 25, 2012, a summary order of KRW 2,00,000 as a fine for the same crime was issued.

Criminal facts

At around 23:20 on May 7, 2015, the Defendant driven B rocketing car with a blood alcohol content of at least 0.246% under the influence of alcohol without obtaining a driver’s license from around 662-10, Masan-dong, 190 to the road before the Gyeonggi-si, 2203-1 large social gathering industry.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, written appraisal of blood alcohol, report on the current status of driving without licenses, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of two-minutes of summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The following factors shall be taken into account: the order to attend a lecture and the order to attend a lecture, the one-time driver without license, the one-time driver’s license, the one-lane driver’s license, and the one-lane driver’s license while driving under the condition of 0.246% alcohol level, and other favorable circumstances: (a) the Defendant’s mistake is against each other; (b) the traffic accident was not occurred; and (c) there was no criminal conviction exceeding the fine; and (d) other factors for sentencing as prescribed in Article 51