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 4, 2008, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act, and a fine of four million won by the same court on June 17, 2014.

On October 22, 2014, at around 22:20, the Defendant driven a spke car under the influence of alcohol with approximately 80 meters alcohol concentration of 0.142%, without obtaining a driver’s license, from the front side of the Gyeongnam bank located in Ulsan-gu, Ulsan-do to the front side of the Samho apartment located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a actual condition survey report, a field photograph, a master-employed driver's report, and a statement on the actual condition of the driver;

1. Details of disqualified meetings of the main office and disposition to revoke driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports;

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 alternative imprisonment with prison labor (including repeated punishment of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;