A defendant shall be punished by imprisonment for not more than ten 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 August 31, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Busan District Court on August 31, 2006, and by issuing a summary order of 3 million won by the same court on May 31, 2013.

On July 29, 2013, at around 21:30, the Defendant driven B Poter cargo under the influence of alcohol concentration of 0.085%, without obtaining a driver’s license in approximately 5km section from the front of the passenger metal in front of the Dong-dong of the same Singu to the road in front of the Dong-gu of the same Singu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Details of driver's license revocation;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to an investigation report (report accompanied by a 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 an alternative sentence of imprisonment (to take into account the past record of the same kind of crime);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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

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