A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 30, 2012, the defendant was sentenced to a fine of KRW 6 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court.

1. On May 3, 2012, at around 20:41, the Defendant, without a vehicle driver’s license, driven a DNA car owned by C, the Defendant’s son, from around the commercial influent restaurant to the new influence in Kim Jong-si, in the direction of approximately 3 km away from around the commercial influent cafeteria to the front of the new influence in the Kim Jong-si, Kim Jong-si without a vehicle’s license.

2. On May 9, 2012, the Defendant, who had driven a drinking twice or more as seen above, driven the Karen car in the area of approximately 2 km from around the Yellow Center in the village of Kim Jong-si to the front of the Central Elementary School of Kim Jong-si, while under the influence of alcohol by 0.083% of the blood alcohol concentration without a driver’s license on May 9, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, reports on the state of drinking drivers, resident inquiry, criminal records, inquiry into a license ledger, and inquiry into the enemy;

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

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of a drunk driving on May 3, 2012), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of a drunk driving on May 9, 2012), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on the crimes of violation of the Road Traffic Act on the same date at the time of displaying and between the crimes of violation of the Road Traffic Act (unlicensed Driving) and the crimes of violation of the Road Traffic Act with heavier punishment);

1. Selection of each sentence of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Road Traffic Act as of May 9, 2012).