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

except that 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

[criminal record] The defendant was issued a summary order of KRW 2 million on October 4, 2006 due to a drunk driving around August 27, 2006 to a fine of KRW 2 million due to a violation of the Road Traffic Act in Daegu District Court racing support. On November 29, 2007, the same court issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) due to a drunk driving around November 29, 2007. On June 21, 2008, the defendant was sentenced to a suspended sentence of KRW 4 million due to a violation of the Road Traffic Act (driving). On November 15, 201, the same court was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 10, 2012, at around 21:20, the Defendant driven an Eststun vehicle under the influence of alcohol concentration of 0.081%, without obtaining a driving license, from around about 100 meters from the Defendant’s house near the Defendant’s house in the Simk-si to the same Dmart road in front of the same Dmart.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Details of disposition for cancellation of driver's license;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (including copies of a summary order, etc. attached thereto, and data attached thereto);

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;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the distance from driving in the manner of noise is short and the blood alcohol concentration is not high and that it is true that the person does not repeat the crime in light of the fact that he/she does not repeat the crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;