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 15, 2009, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Seoul Northern District Court on September 18, 2012, a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on September 18, 2012, and a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on March 18, 2013, respectively.

피고인은 2013. 12. 6. 23:10경 서울 강북구 미아동에 있는 ‘어쭈구리 주점’ 앞 도로에서부터 서울 강북구 미아동 318-1 앞 도로에 이르기까지 약 200m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.071%의 술에 취한 상태에서 D 코란도 승용차를 운전하였다.

As a result, the Defendant violated the provision that anyone shall not drive a motor vehicle under the influence of alcohol at least twice, and once again, he/she drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A written report filed with an employer;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and order to attend a lecture under Article 62-2 of the Criminal Act: The punishment shall be determined in consideration of the overall circumstances, such as family relationship, etc., by taking into account the fact that a person under probation and order to attend a lecture was drinking or driving without obtaining a license during the short term, but his mistake is pened in depth;