A defendant shall be punished by imprisonment for not more than ten 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] The Defendant was issued a summary order of KRW 2 million on January 27, 201, and KRW 3 million on October 14, 201, by a fine of KRW 3 million on the site of Suwon District Court as a violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2012. 9. 18. 03:35경 자동차운전면허를 받지 아니하고 혈중알콜농도 0.113%의 술에 취한 상태로 평택시 지산동에 있는 제일아파트 부근 치킨뱅뱅 앞 도로에서부터 같은 시 지산1로 19 덕천원룸 A동 앞 도로까지 약 200m의 구간에서 C 체어맨 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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 again was sentenced to a fine of seven times or more due to drinking or unlicensed driving, and the driving of the instant drinking or unlicensed driving, and the degree of criticism is highly likely in that alcohol concentration in the instant blood alcohol level is 0.113%.

However, considering the fact that the defendant seems to be aware of and reflect the crime of this case as favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall determine the punishment as ordered by taking into account various circumstances, such as the defendant's age, character and conduct and environment,

It is so decided as per Disposition for the above reasons.