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 December 2, 2011, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act in the Busan District Court's Dong Branch's branch's branch's order on July 14, 2008. On December 15, 2006, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's branch's branch's branch's branch's order on December 15, 2006. On February 7, 2005, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's branch's branch's branch's branch's branch's order on July 14, 2008.

On January 20, 2013, at around 22:20, the Defendant driven a light-line car with a blood alcohol concentration of at least 0.124% without a car driver’s license from the front of the Home Packer in Busan High-gu, Busan High-dong to the front of the Road in the same Dong-dong to the front of the breadth of the same Gu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that there is no previous conviction heavier than a fine to the accused, and that there is no depth in relation to the instant crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. It is decided as per Disposition on the grounds of Article 62-2 of the Criminal Act and Article 59 or more of the Act on Probation, etc.;