A defendant shall be punished by imprisonment for six 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 September 25, 2009, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on September 25, 2009. On January 28, 2011, the Defendant was issued a summary order of KRW 3 million with the same court on January 28, 201.

On November 14, 2012, at around 21:00, the Defendant driven a C-wing truck at a section of about 500 meters from the front side of the land in the Jin-si, Jin-si without obtaining a driver’s license under the influence of alcohol level of 0.161%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

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. 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 (see, e.g., the fact that the criminal defendant repents wrong facts and has no criminal record of a stay of execution or more);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;