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 June 1, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Seoul Southern District Court, and on July 22, 2011, the Seoul Southern District Court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on February 5, 2013, the Defendant issued a summary order of KRW 6 million for a fine of KRW 5 million for a crime of violation of the Road Traffic Act.

At around 21:40 on November 12, 2013, the Defendant, without obtaining a driver’s license, driven Category B (K) 7 automobiles under the influence of alcohol concentration of about 14km from the section of about 14km to the front road of the apartment complex of Goyang-si, Seoyang-si, Seoyang-si, Seoul at around 22:0 on the same day.

Accordingly, without driver's license, a motor vehicle under the influence of alcohol has been driven at least twice, and the motor vehicle has been under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Making a report on the control of drinking driving;

1. Report on the situation of operation without a license;

1. A driver's license inquiry;

1. Details of disposition for cancellation of driver's license;

1. Previous records before ruling: Application of three copies of the defendant's legal statement, criminal history records, inquiry reports, investigation reports (Binding of copies of the summary order), and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The defendant for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. for the latest years;