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 of the final judgment.

Punishment of the crime

[criminal power] On November 12, 2013, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on November 12, 2013, and on April 11, 2014, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch on April 11, 2014.

【Criminal Facts】

On May 1, 2014, the Defendant, at around 22:19, driven a B-learning car from around 3 km to the front road of the Dong station located in the same city of 0.213% of alcohol concentration while under the influence of alcohol at around 0.213% without obtaining a driver's license.

On 18:54 on 2014, the Defendant, “2014 Highest 1274, the Defendant, without a vehicle driver’s license, driven a B-learning car at a section of about 500 meters from the front to the front road located at the center of the same city, where there is no trade name in the 0.192% of the blood alcohol concentration while under the influence of net 0.192% of the alcohol concentration without a vehicle driver’s license.

Summary of Evidence

"2014 Highest 822"

1. Defendant's legal statement;

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

1. "Motor vehicle driver's license register";

1. Defendant's legal statement;

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

1. Previous convictions in the register of driver's licenses (Evidences in the 2014 Highest 822 Incident);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a copy of a summary order issued on the same attached power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Suspension of execution under Article 62(1) of the Criminal Act (Discretionary mitigation Grounds)