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 January 12, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at an Ansan District Court’s Ansan Branch on January 12, 201, and a summary order of KRW 3 million as a fine for the same crime from the same support on August 13, 201, and violated Article 44(1) of the Road Traffic Act at least twice.

On June 22, 2012, around 02:00, the Defendant driven a balp vehicle with a blood alcohol content of about 0.059% under the influence of alcohol without obtaining a driver’s license at a section of about 45 km from the roads near the Pungdong-gu, Goyang-si, Goyang-si to the entrance of the kingIC located in the 1055-dong, Jeju Jeju Jeju-do.

Summary of Evidence

1. An interrogation protocol of the police against the accused;

1. Inquiries about the details of cancellation of driver's licenses, the ledger of driver's licenses for motor vehicles, and the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of a summary order of the same kind of force);

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. is a dangerous crime that the defendant drives a vehicle while under influence of alcohol or without a license. The drinking driving is a dangerous crime that may lead to a big accident that may lead to the life of another person. As the recent revision of the Road Traffic Act, the punishment for the drinking driving has been greatly strengthened, and the defendant has been significantly strengthened.