A defendant shall be punished by imprisonment with prison labor for up to six 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 October 28, 2008, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspension of execution for the violation of the Road Traffic Act by the Seoul Northern District Court on October 28, 2008. On March 7, 2013, the Defendant was sentenced to a summary order of 7 million won of fine for the violation of the Road Traffic Act in the Jungyang Branch of the Jung-gu District Court.

At around 02:00 on August 8, 2013, the Defendant driven a C rocketing car without a driver’s license in the state of under the influence of alcohol 0.106% from the section of approximately 1.5km from the section of approximately 1.5km of blood alcohol to the front road from the 2nd freedom of the strong IIC located in the same Gangseo-gu, Seoyang-gu, Seoyang-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the previous records of the same type and the judgment, etc.);

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

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

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;