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

On September 14, 2007, the defendant was sentenced to a summary order of two million won or more for a crime of violation of the Road Traffic Act at the Suwon District Court on September 14, 2007, and a summary order of three million won or more for a crime of violation of the Road Traffic Act at the Ansan District Court on April 27, 2012.

around 00:00 on February 24, 2013, the Defendant driven approximately 1 km from the front of the restaurant to the front road of the veterans hospital located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and driving a Cwing and 3 1 ton cargo vehicle under the influence of alcohol level of 0.095% without a driving license, while under the influence of alcohol level of 0.095%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses;

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's driver's license is revoked due to the suspicion of drunk driving, and the fact that the defendant has already been sentenced to a fine on three occasions, including the records of the judgment, but has already been sentenced to a fine on suspicion of drunk driving, is disadvantageous to the defendant.

However, the fact that the defendant has no record of punishment heavier than the fine, and that the defendant reflects his fault in depth.