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 March 12, 2009, the Defendant issued a summary order of one million won of a fine for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on March 12, 2009, and on January 2, 2013, the Defendant issued a summary order of four million won of a fine for the same crime at least twice by the same court on January 2, 2013.

On June 7, 2013, at around 22:20, the Defendant driven a rocketing car without a driver’s license in a state of 0.116% alcohol concentration from the back of the Cheongdo apartment apartment located in the Cheongdo-Eup, Yongsan-si, Chungcheongnam-si to the front day of the creative middle distance in the same Ri from about 30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of driving without a license, and inquiry into driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 as a matter of choice (including the fact that the defendant committed the crime in this case in several months only after he was issued a summary order with the previous department and the fact that drinking water is high);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;