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 January 8, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for the crime of violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek site on December 31, 2008, a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act at the Sejong District Court’s Pyeongtaek site level on December 31, 2008, and a fine of KRW 3 million for the crime of violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong Site level on February 20, 2012, respectively.

On June 26, 2013, the Defendant, while under the influence of alcohol by 0.067% without a driver’s license, driven a BDap car at a section of about 2 km from the street in front of the Doropo-Eup, Pyeongtaek-si, Pyeongtaek-si, and up to the three-lane apartment street, by gathering approximately 2km from the street in front of the Doropo-si, Pyeongtaek-si, Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of a driver, report on the status of operating under the direction of a driver, and report on the status of a driver under the direction of

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Previous records: The application of criminal records, inquiry and other 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and in light of the fact that the defendant committed the above crime again despite the fact that he had been already punished several times due to drinking and driving without a driver's license, it is inevitable to punish him accordingly.

However, the age, occupation and occupation of the defendant including the fact that the defendant is recognized as committing the crime and that the defendant has no criminal record exceeding the fine.