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 August 31, 2006, the Defendant was sentenced to three years of imprisonment for a violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site, and on July 12, 2013, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

Although the Defendant had had had a alcohol driving twice as above, on April 21, 2015, the Defendant driven a B rocketing car under the influence of alcohol level of 0.144% without obtaining a driver’s license from the front of a public parking lot in Pyeongtaek-si, Pyeongtaek-si, to the entrance road at the same time, at approximately 5 km from the front of the public parking lot in Pyeongtaek-si.

As a result, the defendant was driving a motor vehicle under the influence of alcohol at least twice, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A driver's license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

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

1. Determination on the application of sentencing guidelines under Article 62-2 of the Criminal Act to probation and community service order: Not subject to application;