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 December 29, 2009, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong branch branch, and on October 2, 2014, the same court issued a summary order of KRW 5,00,000 as a fine for a violation of the Road Traffic Act.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 02:25 on June 9, 2015, the Defendant driven B rocketing vehicles under the influence of alcohol content of about 0.192% without obtaining a driver’s license from around the customary market located in the port of Busan Metropolitan Transportation Daegu to the front day of the GGG in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (verification of the same criminal records);

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. 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 (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances for sentencing under Article 62-2 of the Criminal Act, and other factors as well as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit each of the instant offenses, and various sentencing conditions as stated in the records of the instant case, such as the circumstances before and after the commission of the instant crime, the execution of the sentence shall be suspended only once more than the Defendant’s imprisonment with prison labor for a long time, and community service and other circumstances for a certain period.