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 October 16, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act from the Ulsan District Court, and on December 10, 2014, the Defendant received a summary order of KRW 4 million as a fine of KRW 1,50,000 for the same crime from the Busan District Court.

On February 25, 2015, the Defendant, without obtaining a driver’s license, driven a Bice-type car with approximately 0.20% alcohol concentration at the section of about 100 meters, while under the influence of alcohol content 0.209%, from around the restaurant located in 830-56, Dong-dong, Busan to the day from around the 017th day of the same day, from around February 25, 2015, to the 17th day of the international hotel located in Busan East-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Details of cancellation disposition of driver's license and the register of driver's license;

1. Previous records: The application of criminal records, inquiry 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 facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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, taking into consideration the repeated conduct of the same kind of crime chosen and drinking and taking into consideration;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances, such as the reflectivity of the accused and the fact that the accused has no criminal record exceeding the fine);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;