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 29, 2007, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving without a license), and on March 2, 2009, a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 2 million due to a violation of the Road Traffic Act (driving without a license), respectively. On November 20, 2009, the same court was sentenced to a suspended sentence of KRW 8 months for a violation of the Road Traffic Act (driving without a license). On October 7, 2009, the Defendant received a summary order of KRW 3 million from the Daegu District Court to a fine of KRW 10 million for a violation of the Road Traffic Act (driving without a license). On April 28, 2011, the same court was sentenced to a fine of KRW 10 million as a violation of the Road Traffic Act (driving without a license).

On September 4, 2012, the Defendant was under the influence of alcohol of 0.061% without obtaining a driver’s license, and was driving a Creck car, which is the Defendant’s friendship B, at approximately 2 km to the lower-class road of Ulsan-gu 268-18, Ulsan-gu Postal Zone 268-18.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report of an employee;

1. License register;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and other statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The reasons for the sentencing of Article 62-2 of the Criminal Act and Article 59 of the Probation Act: The fact that the probation and the order to attend a lecture did not take part in the past despite the past history of punishment due to drinking alcohol driving, thereby leading to the crime of this case.