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

[criminal power] On March 28, 2008, the Defendant received a summary order of KRW 2 million from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act (driving) and on November 4, 201, the above court received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 9, 2013, at around 07:52, the Defendant driven a motor bicycle B 125cc on the road B 600, Songpa-gu, Seoul under the influence of alcohol concentration of 0.087% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of driving without a license, report on the state of standing for driving without a license, report on the state of standing for a driver, and the ledger of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) point of operating an engine without obtaining a license: Subparagraph 2 of Article 154 and Article 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. Taking account of the following facts: Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that the defendant has tried not to drive under the influence of alcohol once again in depth), the measured blood alcohol concentration is not higher than that of a fine, the defendant has no record of being punished more severe than a fine, except that he has been punished by a suspended sentence for about 10 years, the defendant's driving is a motor device, and the violation of the Road Traffic Act (the "previous conviction of not less than two times of driving under the influence of alcohol," which constitutes the crime of driving under the influence of alcohol) of the instant case, is cut down before the current Road Traffic Act enters into force, and there is room for some consideration.

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of community service and lecture attendance order;