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

1. On August 15, 2012, the Defendant, while under the influence of alcohol at around 19:50 on August 15, 2012, driven a 50-meter string-off cargo vehicle from the front of the instant restaurant located in Pyeongtaek-si kidying (2013 high-class 28) to the front of Pyeongtaek-si kidying bridge located in Pyeongtaek-si kidying (2013 high-class 28).

2. On February 20, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Eunpyeong District Court’s Eunpyeong Housing Site on February 20, 2008. On September 11, 2012, the Defendant was prosecuted on September 11, 2012 and is under trial on September 201, 201.

On October 20, 2012, around 23:30 on October 20, 2012, the Defendant driven a C-wing truck with a blood alcohol concentration of 0.102% while under the influence of alcohol without obtaining a driver’s license from around about 3 km to the A-do-dong in Pyeongtaek-si.

Accordingly, the defendant was a person who violated Article 44 (1) of the Road Traffic Act at least twice, including a drunk driving under the above paragraph (1), and was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

[2012 Gohap409]

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Report on the current status of driving without a license, and the register of driver's licenses;

1. A previous record of judgment: A statement of inquiry, such as criminal records, investigation report (a copy of the indictment and the progress of the trial);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reports on job placement and the report on job placement for jun drivers;

1. Relevant provisions of Article 148-2 (1) 1, Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (a point of driving without obtaining a license) and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (hereinafter referred to as "Commercial Concurrent Crimes") and Articles 40 and 50 of the Road Traffic Act between the crimes of violating the Road Traffic Act on October 20, 2012 and the crimes of violating the Road Traffic Act (non-licenseing) and the crimes of violating the Road Traffic Act on October 20, 2012 with heavy punishment.