A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The Defendant was sentenced to a fine of KRW 1.5 million at the Changwon District Court on February 16, 2010 for a violation of the Road Traffic Act, and a fine of KRW 2.5 million at the same court on November 29, 2010 for the same crime.

On June 13, 2012, at around 21:25, the Defendant driven B Poter Cargo Vehicles with approximately 500 meters alcohol concentration 0.135% under the influence of alcohol without a vehicle driver’s license from the front road of the Gloter Park Jong-dong, Kim Jong-si to the front road of the new wall market located in the same Siwon-dong.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Ledger of driver's license and details of disposition for cancellation;

1. Application of Acts and subordinate statutes for inquiry, such as 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 (the point of 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 each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The crime of this case on the ground of sentencing under Article 62(1) of the Criminal Act is a case where the defendant driven a motor vehicle without obtaining a motor vehicle license and with a significant drinking alcohol concentration of 0.135%, and the defendant repeatedly committed the crime of this case in the past even though he was punished three times by a fine due to drinking driving, it is inevitable to punish the defendant.

However, there is no record that the defendant has been punished for the suspension of qualification or heavier punishment for the same type of crime, and there was no additional accident such as traffic accident while driving the above, etc., such as the circumstances favorable to the defendant, age, character and behavior, family environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime.