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 April 8, 2003, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Dong Branch of the Seoul District Court, on December 6, 2010, a summary order of KRW 1,50,000 as a fine for the same crime from the Gunsan Branch of the Jeonju District Court on the same day, and on January 10, 2013, a summary order of KRW 3 million as an identical crime at the Seoul Southern District Court on the same day.

On September 3, 2013, around 00:40, the Defendant driven a C-Addi vehicle owned by the Defendant under the influence of alcohol of approximately 0.110% of alcohol concentration at approximately 300 meters without obtaining a driver’s license from the front day of the Korea Hotel, which is located in 66-gu, Seocheon-si, Seocheon-si, Seoul, to the front day of the 69-day road.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, report on the control of drinking driving, and report on the actual state of drinking driving;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing, in consideration of repeated circumstances favorable to the defendant):

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service, and order to attend a lecture, despite the fact that the Defendant had already been punished for drinking driving on several occasions, is deemed to have a poor quality of the crime by driving under drinking again while the license was

However, it shall be considered in favor of the fact that the distance of the defendant's drunk driving is relatively not long, and that the defendant's mistake is against his/her depth, and the age, character and behavior of the defendant are also considered.