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 November 23, 2011, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act at the Busan District Court. On March 9, 2009, the Defendant was sentenced to a fine of 3 million won for the same crime, etc. at the same court on September 1, 2008, a fine of 2.5 million won for the same crime at the same court on September 1, 2008, and a summary order of 1.5 million won for the same crime at the Ulsan District Court on October 18, 2006, respectively.

Nevertheless, on August 21, 2014, at around 03:04, the Defendant driven a Clearning car under the influence of alcohol 0.251% of blood alcohol concentration without obtaining a driver’s license from the front day of a restaurant in the mutual unfluench-dong of Kim Jong-si to the front day of the same 6th private distance.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 1 to 6 submitted by the prosecutor

1. Before judgment: Application of the above evidence list Nos. 10 and 11;

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 each sentence of imprisonment with prison labor (see, e.g., Supreme Court Decision);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., mitigation of discretionary mitigation);

1. Article 62 (1) of the Criminal Act (i.e., the fact that a suspended sentence is attempting not to repeat the same kind of crime in the front);

1. Probation and community service order under Article 62-2 of the Criminal Act;