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 December 11, 2006, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on December 11, 2006. On June 3, 2009, the above court was sentenced to a fine of KRW 5 million for the same crime. On December 31, 2013, the above court was issued a summary order of KRW 5 million for the same crime.

Nevertheless, on December 10, 2014, at around 22:38, the Defendant: (a) extracted from the road located in the Guri-si, Siri-si; (b) around 500 meters from the road in front of the king-ro, 339 Siri-do, without obtaining a driver’s license; and (c) was under the influence of alcohol with a blood alcohol concentration of 0.086%.

Accordingly, the defendant, without obtaining a driver's license, was a person who violated the prohibition of driving under the influence of alcohol not less than twice, and driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

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