A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 18, 2006, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the resident support of the Daegu District Court. On July 13, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime from the Chungcheong Branch of the Chungcheong District Court.

【Criminal Facts】

On December 22, 2013, the Defendant, while under the influence of alcohol by 0.218% without obtaining a driver’s license at around 19:15, the Defendant driven a bitdon car over about 3 km from the Do located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu to the roads adjacent to 205-dong, Cheongju-si, which is located in the 2 cycle of Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Audio-driving report, a report on the state of his/her oral statement, and an investigation report (to hear the statements of witnesses of a suspect A's drunk driving);

1. Registers of driver's licenses;

1. On-site conditions photographs;

1. Before judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of a copy of the same summary order), and records of inquiries about detection of criminal records and management thereof;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant had been punished by a fine due to a violation of the Road Traffic Act after around 2006 and three times’s names, and that the Defendant had committed the instant crime under the influence of alcohol by drinking while under the influence of alcohol without a license, the nature of the crime and the circumstances of the offense are heavy.

However, there is no criminal record that the defendant reflects his/her wrong and has not exceeded the fine.