[Criminal Power] On February 5, 2008, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 5, 2008, and on February 2, 2012, the Seoul Southern District Court sentenced the Defendant to a suspended sentence of two years for a period of eight months.

【Criminal Facts】

Although the Defendant had been punished twice or more for the violation of the Road Traffic Act as above, on September 30, 2012, at around 20:10, the Defendant driven Cschton car under the influence of alcohol concentration of about 0.169% without a car driver’s license at approximately 3km from Egyi to the roads front of the prescribed village area in the same military area from Egynam-gun, Jeonnam-do. < Amended by Act No. 11368, Sep. 30, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, statement in the circumstances of drivers, and the register of drivers' licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (the same records of a suspect and attachment of related judgments);

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 chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant committed the instant crime even though he/she had the record of being punished several times due to drunk driving and driving without a license.

In addition, considering the fact that the defendant committed the crime of this case without being the person during the probation period, the defendant's blood alcohol concentration is not low, and the defendant avoided investigation and trial through long-term escape, it is inevitable to sentence sentence even if the probation period has lapsed.

In determining the specific sentence, it shall be considered in favor of the defendant in a favorable condition, and the age, character, character, environment, circumstances, and circumstances of the crime of the defendant.