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 June 27, 2012, the Defendant issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Suwon District Court on June 27, 2012; KRW 2.5 million to a fine for the same crime at the same court on October 17, 2012; and KRW 7 million to a fine at the same court on January 3, 2013 to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Free Driver).

On January 9, 2013: (a) the Defendant, without obtaining a driver’s license at around 03:11, driving a 1km section from the front of a restaurant where it is impossible to find out the trade name in the Suwon-si transfer vehicle at the Suwon-si, under the influence of alcohol concentration of 0.126%; and (b) the Defendant driven a rocketing car at approximately 1km section from the front of the restaurant where it is impossible to find out the trade name in the Suwon-si transfer vehicle at Suwon-si

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A driver's license inquiry;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 62-2 (1) of the Criminal Act to attend lectures;