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 September 12, 2012, the Defendant was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on September 12, 2012, and the same court on August 16, 2010 issued a fine of five million won due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On April 26, 2013, at around 06:59, the Defendant driven a car with Cal-to-Kon on a section of about 60 meters from the front of the Eunpyeong-gu Seoul Metropolitan Maambi-dong Maambi-dong to the front road of Eunpyeong-gu 590-2, under the influence of alcohol with a blood alcohol concentration of 0.172% without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: The application of inquiry reports and investigation reporting Acts and subordinate statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant commits the crime of this case in which he/she again engages in driving without obtaining permission without being aware of the fact that he/she had been sentenced to a fine several times due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.

However, it shall be considered as a favorable condition for the defendant's confession in depth, and the punishment as ordered shall be determined in consideration of the sentencing conditions shown in the records, such as the age, character, conduct and environment of the defendant.