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 October 24, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act. On May 1, 2009, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act.

On July 30, 2013, at around 01:00, the Defendant driven a Bra vehicle under the influence of alcohol content of 0.092% without obtaining a driver’s license from around 01:20 on the same day from the Do located near the Southern East-dong market in Seodaemun-gu Seoul, Seoul, to approximately 78 kn-dong, Seongdong-gu, Seongdong-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the output of drinking alcohol, the results of regulating drinking driving, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: References to criminal records, investigation reports (former and confirm), and application of certified copies of each summary order 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) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has already been sentenced to a fine twice due to the suspicion of drunk driving, as shown in the judgment of the court below, and the driver's license was revoked due to the drunk driving in 2007 and no driver's license was again acquired thereafter, the driving of a motor vehicle while under the influence of alcohol is disadvantageous to the defendant.

However, the defendant reflects his fault in depth, and the defendant is punished more severe than a fine.