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 23, 2005, the Defendant received a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) from the Chungcheong District Court (hereinafter “Cheongju District Court”). On November 27, 2008, the Defendant received a summary order of 2.5 million won for the same crime from the same court on November 27, 2008. On August 31, 2012, the Defendant received a summary order of 5 million won for the same crime.

As above, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and was under the influence of alcohol at around 21:10 on March 8, 2013 without obtaining a driver’s license, driving C 2 km from the front day of the Defendant’s house located in Chungcheongnam-gun B, Chungcheongnam-gun, with approximately 0.166% alcohol concentration at around 0.16% during the influence of alcohol at around 21:10.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (attached to a copy of judgment);

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite three times of drunk driving, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: the Defendant reflects the crime; the Defendant has no criminal record exceeding the fine; and the Defendant has no criminal record beyond the fine, and other circumstances that are the conditions for sentencing as recorded in the records, such as the Defendant’s age, character and behavior, occupation, family environment