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 November 12, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Chungcheong District Court's Cheongju Branch's Assistance on November 12, 2012, and on September 30, 2013, the Defendant was prosecuted for a violation of the Road Traffic Act (driving).

On September 23, 2013, at around 20:42, the Defendant, without a car driver’s license, driven a vehicle from the 70m section from the family head office in the Geum-gu, Geum-gu, Chungcheongnam-gun, Chungcheongnam-do, Seoul, to the front day of the same Ri Ambassador, while under the influence of alcohol level of about 0.146%, while under the influence of alcohol level of about 70 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A statement of the status of a model driver;

1. Inquiry into the driver's license ledger;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report attached to the indictment of the same kind of case);

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;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had been tried for the same kind of crime, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purpose of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: considering the defendant's age, character and behavior, occupation, home environment, etc., and other circumstances, which reflect the defendant's crime, and are conditions for sentencing as shown in the records;