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

At around 14:40 on September 4, 2012, the Defendant, without a car driver’s license, driven a Chobbeter freight in the section of about 1 k from the Rabbebbeon-dong in the same city, to the roads adjacent to the Rabbeon-dong in the same city, from the Rabbeon-dong, while under the influence of alcohol content of 0.235%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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 consideration shall be made again for the reason of sentencing);

1. Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. provides that the distance of the defendant's vehicle in drinking conditions is about 1k meters, and the defendant has a record of criminal punishment twice due to drinking and driving without a license, and one-time criminal punishment due to refusal to measure drinking, considering the circumstances that the defendant recognized the crime of this case and is in profoundly against the defendant, and the defendant has no record of criminal punishment for the crime of this case after he was punished due to drinking and driving without a license in around 2007, considering the favorable circumstances that there is no record of punishment for the same kind of crime. In addition, the circumstances and motive leading to the crime of this case, the defendant's age, character and conduct, family relationship, occupation records and arguments, and all the other circumstances that form the conditions of punishment as shown in the text of the disposition shall be comprehensively considered.