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 29, 2008, the Defendant issued, at the Daegu District Court, a summary order of one million won or more for the crime of violation of the Road Traffic Act, the summary order of a fine of 1.5 million won or more for the same crime at the Busan District Court on July 2, 2010, and the summary order of 2.5 million won or more for the same crime at the same court on January 4, 2012.

On October 23, 2012, at around 23:28, the Defendant driven a CM vehicle under the influence of alcohol content of 0.103% without a driver’s license, from the front side of the forest market located in the city of the city of the city of Busan, to the front side of the river of the mouth located in the same lower end of the Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of crackdown on drinking driving;

1. Details of disposition for cancellation of driver's license;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with 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 of the Criminal Act and Article 59 of the Act on Probation, etc. requires strict punishment of the defendant in light of the following: (a) even though the defendant had a history of criminal punishment on several occasions due to drunk driving, the crime of driving without a license for drinking alcohol in the same case is under consideration of the nature of the crime; and (b) the revision of the Road Traffic Act strengthens punishment for the crime of driving alcohol.

However, it is against the defendant's wrong recognition, and other age of the defendant.