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 May 27, 2011, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act, from the Incheon District Court’s Busan District Court’s Branch Branch on May 27, 201, and on May 24, 2012, the Defendant issued a summary order of KRW 5,00,000 as a penalty for a violation of the Road Traffic Act.

At around 01:35 on February 8, 2013, the Defendant, who had been punished for drinking driving two or more times, driven a Category B New Emp car under the influence of alcohol concentration of about 0.070% without a car driver’s license, from around 4km section from around 195, South-gu, Incheon Metropolitan City, to the front road of the day market located in the same Gu drawing-dong 435.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Investigation reports (demark);

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (attached to the same criminal records and summary orders);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006)

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation

1. Order to attend lectures under Article 62-2 of the Criminal Act;