The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On April 5, 2010, the Defendant was a person who has been in violation of Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of a fine of KRW 1 million for a violation of the Road Traffic Act from the Cheongju District Court’s Chungcheong Branch on April 5, 2010, and being notified of a summary order of KRW 2 million for the same crime from the Gwangju District Court on October 18, 2012. On November 23:45, 2014, the Defendant driving a 7m motor vehicle under the influence of alcohol concentration of 0.088% under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes entered in criminal records;

1. Article applicable to criminal facts;

(a) Point of driving under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do354, Apr. 1,

1. Article 62 (1) of the Criminal Act (including the absence of any record of punishment for imprisonment without prison labor or heavier punishment);

1. Article 59 (1) and (2) of the Act on Probation, etc. of and Order to Attend Courses;