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 August 28, 2008, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Cheongju District Court’s Assistance, and a fine of KRW 3 million due to the same crime in the same court on June 22, 2011.

On February 19, 2013, the Defendant, without obtaining a driver’s license at around 02:30 on February 19, 2013, driven a BP wing-wing vehicle at a section of about 300 meters from the front road of the village hall located in the 3rd of the Haak-gun, Chungcheongnam-gun, Chungcheongnam-gun, the 0.26% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Inquiries, reports, and application of each summary order under 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant again commits the instant crime even though he had a three-time driving record, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: the defendant reflects the crime; the defendant has no criminal record beyond the fine; and the defendant has no criminal record over his age, character and behavior, occupation, family environment, etc. are taken into account; and other circumstances which are the conditions for sentencing as shown in the records;