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 October 4, 2006, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act at the Seoul Central District Court on January 2, 2009, a fine of 2.5 million won for a violation of the Road Traffic Act at the Suwon District Court on January 2, 2009, and a fine of 2.5 million won for a violation of the Road Traffic Act at the Seoul East District Court on December 7, 201, respectively.

【Criminal Facts】

On March 1, 2013, the Defendant, without obtaining a driver’s license at around 00:40 on March 1, 2013, driven B automobiles at approximately 500 meters in front of the Hanyang-dong University, Seongdong-gu, Seoul, Seoul, with a 0.128% alcohol concentration, while under influence of alcohol at around 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Statement report on the circumstances of a drinking driver, report on detection of a drinking driver, and output of a drinking-measurement;

1. Registers of driver's licenses;

1. Each photograph;

1. Previous record: Application of a reply to criminal records and investigation report (Attachment to a copy of a summary order) Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant drives a motor vehicle while drinking the motor vehicle again even though the driver's license was revoked due to the suspicion of drunk driving, and that the defendant has been sentenced to a fine under the suspicion of drunk driving for four times including the past records of the judgment prior to the driving of the motor vehicle in this case, is disadvantageous to the defendant.

However, the defendant is more than a fine.