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 May 19, 2014, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Gunsan Branch of the Jeonju District Court, and on February 25, 2015, the same court issued a summary order of KRW 6 million for a crime of violating the Road Traffic Act.

On September 14, 2015, at around 21:10, the Defendant driven a DNA mast car under the influence of alcohol leveling 0.126% of alcohol level without obtaining a driving license, from the front side of the new Heung apartment road in the area of the Silung-si, Sil, Silsan-si, Silsan-si, and the front side of the Cmast-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry about the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Du1148, Apr. 21, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc., of orders to provide community service and attend lectures;