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 5, 2008, the Defendant was sentenced to a fine of KRW 1,500,00 for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 9, 2012, a fine of KRW 2,00,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court on January 9, 201, and a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 14, 2012, and a person who was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (licensed Driving) at the Daegu District Court on February 14, 2012, and

Defendant,

1. On May 11, 2013, at around 15:30, a golf car is under the influence of alcohol with a blood alcohol concentration of at least 0.087% without obtaining a driver’s license from the front side of a public restaurant in front of the public-private partnership city in the jurisdiction of the Gyeongdong-gun, Gyeongbuk-gun, Gyeongnam-do to the front side of the public-private partnership city in the same 100 meters.

2. On May 23, 2013, at around 23:00, a person driving the said golf car with no driver’s license at approximately 1 km section from the front of the Defendant’s house located in Gyeongdong-gun B to the office of the said Defendant’s house again without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each driver's license inquiry;

1. Report on the situation of operation without a license;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

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. The Defendant subject to Article 62-2 of the Criminal Act regarding an order to provide community service and to attend a compliance driving lecture, even though he/she had been sentenced to a fine twice due to drinking, driving without a license, or a suspended sentence once, is subject to a strict punishment.