A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 8, 2010, the Defendant was sentenced to a suspension of execution for one year by imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon District Court on the same day, and on September 27, 2013, the same court was notified of a summary order of KRW 4 million for the same crime. On July 22, 2014, the Daejeon District Court was sentenced to a suspension of execution for a year. On July 30, 2014, the judgment became final and conclusive.

On June 11, 2014, the Defendant, as a person who had violated Article 44(1) of the Road Traffic Act two or more times, driven a Category C Hastren car under the influence of alcohol without a vehicle driver’s license at approximately 150 meters from the 150-meter section of alcohol level to the three-distance road in front of the East-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses;

1. Previous records of judgment: An investigation report (limited to attached records and attachment of judgment), two copies of summary order, one copy of judgment, one copy of integrated case search results, inquiry report, application of 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier than each of the above crimes)

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act for Handling Concurrent Crimes (the crime of violation of the Road Traffic Act as stated in the judgment has become final and conclusive);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 55(1)3

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. Matters concerning orders to attend lectures and orders to provide community service, probation, etc. under Article 62-2 of the Criminal Act;