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 of the final judgment.

Punishment of the crime

On January 8, 2010, the Defendant issued a summary order of a fine of KRW 3 million at the Suwon District Court on the charge of violation of the Road Traffic Act (driving) and the summary order of KRW 5 million at the same court on November 7, 2012 by the same crime and issued a summary order of KRW 5 million at the same court on the same charge on five occasions.

On July 24, 2015, the Defendant, without obtaining a driver’s license on a motor vehicle on July 24, 2015, driven B-car vehicles at approximately 1m in front of the cafeteria of the Seocho-gu Seoul Special Metropolitan City Gyeong-gu Gyeong-do, under the influence of alcohol content of 0.092%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

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

1. The driver's license ledger;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant is against his/her will and that he/she has no history of prison labor);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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