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 October 2, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 2, 2006, a fine of one million won for the same crime at the same court on January 17, 2013, and two million won for the same crime at the Chungcheong District Court on November 22, 2013, respectively.

On November 21, 2013, at around 04:00, the Defendant driven a Craton vehicle under the influence of alcohol level of about 0.16% without obtaining a driver’s license at a section of about 200 meters from the front of the Singul Do, Sejong Special Self-Governing City, to the front road of the Sindou apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, references to dispositions, pre-dispositions, and reporting results;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative sentence of imprisonment (including one-time suspended sentence of imprisonment, five-time fines of the same kind, and crimes of non-licensed driving before the suspended sentence of imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (Consideration of driving distance, etc.);

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

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;