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

On December 12, 2003, the Defendant was sentenced to a fine of KRW 700,00 to a violation of the Road Traffic Act (driving) at the Suwon District Court on May 12, 2006, a fine of KRW 1.5 million to a violation of the Road Traffic Act (driving) at the Suwon District Court on November 30, 2007, and a fine of KRW 2 million to a violation of the Road Traffic Act (driving) at the Suwon District Court on November 30, 2007. On July 22, 2009, at the Suwon District Court on July 22, 2009, the Defendant was sentenced to a suspended sentence of KRW 5 million to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on April 13, 201.

On January 24, 2013: (a) around 03:15, the Defendant driven a DNA 7 car with a blood alcohol content of about 0.119% under the influence of alcohol without obtaining a driver’s license from around 4 km section in front of the restaurant of the administrative Ri of the local-nam-gu Seoul Metropolitan Government to the road front of the Gu-gu Gyeongsung-si Blank-si Bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. License register;

1. Previous records: Application of inquiries, such as criminal records, replys to inquiries, investigation reports (Attachment to summary orders, etc.);

1. Relevant provisions of Article 148 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Reasons for a suspended sentence below);

1. Article 62(1) of the suspended sentence of the Criminal Act provides that the Defendant shall be sentenced to punishment to give the opportunity to live in good faith as a member of society only once in consideration of the following: (a) although the Defendant has already been punished five times due to drinking and driving without a license even though he was already punished, the nature of the crime is very poor by drinking and driving without a license; (b) he is closely against his mistake; (c) he has a mother to support his mistake; (d) he is going to not drive drinking and driving without a license; and (e) he is going to go through marriage.