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.

Criminal power is sentenced to a fine of 2.5 million won on August 28, 2009 by the Suwon District Court for a crime of violation of the Road Traffic Act. On October 14, 2009, the defendant was sentenced to a suspended sentence of 2.5 years on June.

Criminal facts

On August 6, 2012, the Defendant, without a driver’s license on August 23, 2012, driven B car under the influence of alcohol 0.090% in blood alcohol concentration from the front of a restaurant in the trade in the vicinity of the Osan-dong, Osan-si to the Osan-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports and investigation reports (a copy of judgment, 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 on the suspension of execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 62-2(1) of the Act on Probation, etc., and Article 59 of the Act on the Punishment, etc. of Probation, the current Road Traffic Act, when a person who has been engaged in drinking alcohol driving at least twice for the purpose of preventing a drinking alcohol driving from being able to drive alcohol again, strengthen the punishment, and the defendant has been punished twice for drinking alcohol driving only in 2009, and the defendant has been sentenced two times as a drinking alcohol driving. Nevertheless, considering the fact that a person has been engaged in driving alcohol or without a license for drinking alcohol of this case, it is necessary to strictly punish

However, the defendant.