The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

On March 25, 2013, the Defendant, at the Gwangju District Court, issued a summary order of KRW 5 million for the crime of violation of the Road Traffic Act, and on January 20, 2014, the same court was notified of a summary order of KRW 3 million due to the same crime, etc. on at least two occasions. On June 30, 2014, at around 00:03, the Defendant driving a B car with a section of 200 meters from the front side of the New Chang Young apartment in the New Young-dong in the Gwangju Mine-gu, Gwangju Metropolitan City to the front side of the new Chang-ho apartment in the same region without a vehicle driver’s license, while under the influence of alcohol of KRW 0.081 percent for blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the result of crackdown on drinking driving;

1. Entry in the register of driver's licenses;

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

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Article 55 (1) 3 of the Criminal Act);

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that the numerical value of blood alcohol concentration is not high);