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 February 13, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court's Eunpyeong Branch on February 13, 2008, and on April 10, 2013, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

On April 13, 2014, at around 17:00, the Defendant driven a Bwork-free car without obtaining a driver’s license in a state of alcohol alcohol concentration of approximately 0.104% from around 300 meters away from the parking lot adjacent to the boundary of the Pyeongtaek-dong in the Dong-dong in the Dong-dong in the Dong-dong in the same day, from around 17:13 on the same day to the North Pyeong-dong in the Dong-dong in the Dong-dong in the East Sea.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of driving under the influence of alcohol and a report on the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc., and reports on results of the crackdown on drinking driving (two-time electric records);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act, and a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (it shall be criticized that the instant crime has been committed even though it was punished for driving under the influence of alcohol for one year, but it shall not be committed again, considering the fact that it is hard to say that the instant crime will not be re-offending);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;