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

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

Punishment of the crime

On July 6, 2009, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million from the Suwon District Court on September 17, 2010 to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving).

On October 1, 2012, at around 00:52, the Defendant driven a Ccarn knife vehicle under the influence of alcohol content of 0.052% without a vehicle driver’s license from the front side of Samsung apartment, located in Seopo-si, Sinpo-si, Sinpo-si, Sinpo-si, Incheon, to the front side of the South Indonese 437-1, Nampo-dong, Nampo-dong, Nampo-dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the report on the circumstances of a drinking driver, and the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of inquiry report and investigation report (Attachment of the previous report and summary order);

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

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. The reason for sentencing under Article 62-2(1) of the Criminal Act requires a heavy possibility of criticism in that the Defendant has reached the instant drinking and driving without a license even though he/she had been subject to three times or punishment due to drinking without a license in the past, and even if he/she had been subject to three times or more due to driving without a license.

Provided, That there is only the fact that the defendant repents his mistake in depth, the fact that there is only the fact that he has been sentenced to a fine, and the age, character and conduct of the defendant and the crime.