A defendant shall be punished by imprisonment for one year.

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 9, 2007, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Incheon District Court's Branch on November 26, 2007, a fine of four million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch Branch on October 23, 2008, a fine of three million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Vice Branch on October 23, 2008, and a fine of four million won for a violation of the Road Traffic Act (driving) at the Incheon District Court's Branch on January 16, 2009.

【Criminal Facts】

On May 13, 2012, at around 14:46, the Defendant driven a DNA SM5 vehicle while under the influence of alcohol 0.121% of the blood alcohol concentration without the driver’s license from the 3km section of approximately 3km from the front side of the Mapo-si Jeju Jeju Jeju High School to the front side of the Mapo-si located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Application of Acts and subordinate statutes to each investigation report (the report on the current status of drivers and the current status of driving without licenses);

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of applicable sentences by law: Imprisonment for one year to three years; and

2. Determination of sentence: One year of imprisonment, two years of suspended sentence, and two years of suspended sentence, even though the defendant had been already punished for drinking driving and driving without a license, it is a factor for sentencing unfavorable to the defendant that again committed the instant crime, the defendant is against himself while making a confession of all of the instant crimes, and the defendant is sentenced to a fine heavier than a fine.