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 of the final judgment.

Punishment of the crime

[criminal power] On May 19, 2008, the Defendant was issued a summary order of KRW 2.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act, and KRW 8 million by the same court on September 4, 2012.

【Criminal Facts】

On December 10, 2012, the Defendant, while under the influence of alcohol of 0.075% of blood alcohol content, driven a cknife car at a distance of about 400 meters from the front of the restaurant located in the children of the Sogjin-gu Seoul Metropolitan Government without a driver’s license to the front of the Pungnam Elementary School located in the Sogjin-gu Seoul Metropolitan City from the day on which the Defendant driven the cnife car at a distance of about 400 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Before and after disposition, reporting the results of confirmation, and applying Acts and subordinate statutes concerning inquiry by residents and 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal reference in favor of the accused among the reasons for sentencing below);

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act, despite the fact that the defendant had been punished several times for the same kind of crime, is deemed to have committed again the crime of this case, however, the circumstances and the nature of the crime of this case are not less than that of the defendant. However, considering the fact that the defendant led to the crime of this case, his confession and seriously reflects the crime of this case, the fact that the defendant does not have any criminal record exceeding fines due to the same kind of crime, and the family environment of the defendant, the execution of imprisonment shall be suspended, and the community service