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

On August 21, 2006, the Defendant was sentenced to a summary order of KRW 4,00,000 for the crimes of violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 21, 2006; on September 26, 2011, the Seoul Northern District Court issued a summary order of KRW 5,00,000 for the crimes of violation of the Road Traffic Act; and on September 26, 201, the Defendant was sentenced to a penalty of KRW 5,00,00 for drinking driving at least twice.

On June 30, 2012, the Defendant, without a driver’s license, driven a C-roping car from the parking lot in the Dong department of Jung-gu Seoul, Jung-gu, Jung-gu, Seoul, to around 22:39 on the same day from the parking lot in the Dong department of Jung-gu, Jung-gu, Seoul to the road in front of 270 Singu, Jung-gu, Jung-gu, Seoul, the Defendant was under the influence of alcohol content of 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, records of the control of drinking driving, and reports on the status of drinking drivers;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment) related to criminal records, etc.;

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 reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the fact that the Defendant’s blood alcohol concentration is highly high by 0.23% at the time of the instant crime, the distance driven by the Defendant in a drinking state is not short to 2.5km, and the Defendant has been subject to criminal punishment of fines three times due to a violation of the Road Traffic Act even before the instant crime.