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 July 12, 2007, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act by the Daegu District Court on October 12, 2007, and on September 12, 2014, the Defendant was sentenced to a summary order of 1.5 million won for a violation of the Road Traffic Act by a fine of 1.5 million won by the same court.

On December 8, 2014, the Defendant, without obtaining a driver’s license at around 20:10 on December 20, 2014, driven a c1 ton cargo vehicle at a section of approximately 500 meters from the front of a gold box in the same Eup/Myeon, located in the Sincheon-si, Seocheon-gu, Seocheon-gu, Chungcheongnam-do, in the influence of alcohol by 0.128%, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of judgment and summary order;

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 on the stay of execution (the suspension of execution shall be deferred only once considering the fact that the defendant is against his/her will and the distance of operation is shorter, although the defendant is sentenced to a suspended execution due to drinking or driving);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;