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 May 18, 2012, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act, in the original branch of the Chuncheon District Court on May 18, 2012, and a summary order of six million won of a fine by the same court on June 14, 2013.

On April 15, 2014, around 23:11, 2014, the Defendant driven B-low-income cars with a blood alcohol content of 0.051% under the influence of alcohol without obtaining a driver’s license in approximately 1.4km section from the front side of the restaurant in the name of “gorgent house” located in the Seocho-si, Seoul Special Metropolitan City to the front road of the Namwon-dong in the same phase.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (reports attached to the same criminal records and summary orders), and application of statutes attached thereto;

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. 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 of the kind of punishment ( Taking into account the previous conviction of the same kind);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1));

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

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