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

[criminal power] On February 19, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and a summary order of KRW 2.5 million for the same crime at the same court on October 19, 201.

【Criminal Facts】

On August 18, 2012, at around 00:03, the Defendant driven a car with C low-speed without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.186% from the road in front of the public playground in Pyeongtaek-si, to the road in front of the Korean Industrial Complex in Pyeongtaek-si.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report, and investigation report (report on the current status of driving without a license);

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

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. 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is that the defendant, even though he had a history of criminal punishment on three occasions due to drinking driving, has a high possibility of criticism in that the blood alcohol concentration in the instant case is 0.186%.

However, the defendant seems to have been aware of and reflect on the crime of this case, and the defendant is punished three times by a fine due to drinking driving.