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 April 21, 2004, the Defendant received a summary order of one million won as a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 15, 2006, and was sentenced to a summary order of two million won as a fine for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on September 15, 2006. On August 6, 2008, the Defendant received a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act from the Sungnam Branch of Suwon District Court on August 6, 2008. On September 27, 2012, the Defendant was sentenced to a summary order of 6 months and a suspended sentence of one year for a violation of the Road Traffic Act at the Seoul Southern Branch Court of Seoul.

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, on June 23, 2013, at around 01:49, the Defendant driven a DNA car under the influence of alcohol concentration of 0.189% without a driver’s license, on the front of the dry project distance located in Songpa-dong 310, Songpa-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown, and the statement of the status of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., confession, reflective attitude, recent criminal records, etc.);

1. Suspension of execution under Article 62 (1) of the Criminal Act (All sorts of sentencing factors, such as grounds for discretionary mitigation, background leading to the instant crime, circumstances after the instant crime, age, character and conduct of the accused, environment, family relationship, etc.);

1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 (Consideration of Same Criminal Force, etc.) of the Criminal Act;