A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On March 30, 2007, the Defendant was notified of a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act (driving). On July 25, 2011, the Seoul Southern District Court notified of a summary order of KRW 7 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and the violation of the Road Traffic Act (Dangerous Driving). On September 9, 201, the Defendant was sentenced to a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act (Dangerous Driving). On May 3, 2012, the Seoul Southern District Court was sentenced to a summary order of KRW 10 million by imprisonment with prison labor and a suspended sentence of two years.

On March 6, 2013, at around 23:45, the Defendant driven Bho-man car under the influence of alcohol concentration of about 0.089% without a driver’s license from the section of about 1km to about 5, 509-dong 1294, a remote city apartment, which is located in the Haan-dong located in the Haan-dong, Bho-gu, Haak-si.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (a copy of the same type of judgment, attachment of a copy of summary order), and previous records of disposition and report on results of confirmation under Acts and subordinate statutes;

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. The Defendant’s reason for sentencing alternative to imprisonment with prison labor has a history of serving four times as a drunk driving and one-time as a non-licensed driving, and even though he was sentenced to two years of suspended sentence due to a drunk driving or non-licensed driving, he/she is currently under suspended sentence, and thus, constitutes the instant crime. It is so decided as per Disposition on the grounds above.