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

[Violation of the Composition Requirements] On August 5, 2008, the Defendant was born to a drunk driving on September 24, 2008, and was charged with a fine of 2 million won due to a violation of the Road Traffic Act (driving on September 24, 2009), on September 24, 2009, and on March 3, 2010, was sentenced to a two-year community service order (or order) with imprisonment for a violation of the Road Traffic Act (driving on drinking) in the support of the Seocheon District Court in Daejeon District on March 3, 2010.

[Fact that constitutes a crime] On October 11, 2012, the Defendant was under the influence of 0.101% of blood alcohol concentration without a car driving license around 21:40-22:00 on October 11, 2012, the Defendant driven a 500-meter B SM520 passenger car at around 272-1, Gangdong-gu, Seoul, Gangdong-gu, Seoul, on the road near the Yho Lake-dong located in Gangdong-dong, Gangdong-gu, Seoul.

Summary of Evidence / [The Facts constituting a crime]

1. Defendant’s legal statement

1. Examination protocol of suspect;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, data on measurement of drinking, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

1. Registers of driver's licenses;

1. Each photograph (violation satisfying the requirements for composition);

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc.;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (main grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act (Consideration of the main grounds for the suspended sentence);

1. Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. (main grounds) of the instant judgment (e.g., the degree of drinking, the distance of driving, etc.), traffic accidents (e.g., the occurrence of rainwater outflow) / Criminal records, other than the criminal records.