A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

【2014 Highest 1412】 On March 20, 2014, the Defendant driven a C-car with approximately 30 meters from the running date of the running water which is located in the Seo-gu of Gwangju, Seo-gu, and the front date of the road, to the road located in the Seo-gu, Gwangju, Seo-gu, Seoul, while under the influence of alcohol by 0.219% without obtaining a driver’s license.

【2014 Highest 2863】 The Defendant was issued a summary order of KRW 4 million at the Gwangju District Court on July 8, 2013 as a crime of violation of the Road Traffic Act (driving). On March 20, 2014, the Defendant was under trial at the Gwangju District Court on April 23, 2014, and the Defendant violated the provision on prohibition of drunk driving twice as above.

On April 24, 2014, the Defendant, without obtaining the driver’s license on April 24, 2015, driven D car from the 0.054% alcohol level around the Yongdong-dong, Gwangju to the point of 40km in the net direction of the west Highway, if the Defendant were to drive D car from the 0.054% alcohol level around the Yongdong-dong, Gwangju to the point of 40km.

Summary of Evidence

1. Defendant's legal statement;

1. Request for appraisal, report on the circumstantial statement of the driver concerned, and driver’s license inquiry; and

1. Inquiries, such as criminal records, and the application of Acts and subordinate statutes reporting criminal investigations;

1. Article applicable to criminal facts;

(a) Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act (driving under the influence of alcohol on March 20, 2014), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (driving under the influence of alcohol on April 24, 2014);

(b) Operation without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant committed each of the crimes of this case even though the defendant was committed eight times in total with the reasons for sentencing under Article 62-2 of the Criminal Act, and in particular, the following day after the defendant was prosecuted for the preceding crimes.