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

[Criminal Power] On August 11, 2011 and October 25, 2012, the Defendant was sentenced to a fine of KRW 1.5 million at the Seoul Southern District Court, respectively.

【Criminal Facts】

At around 22:50 on November 24, 2012, the Defendant driven B rocketing car at approximately 20 meters while under the influence of alcohol with approximately 0.167% alcohol concentration without obtaining a driver's license on the front side of a water-driven bus located in 224-4, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, the inquiry of the results of crackdown on drinking driving, the details of crackdown, and the circumstantial statement;

1. Inquiry into the residents' following licences;

1. Each investigation report (general, reporter C’s hearing of statements, and hearing of statements made by suspect D);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act of probation and community service order and Article 59(1) of the Act on Probation, Etc. provides that the current Road Traffic Act provides that a person who has violated at least twice the prohibition of drinking driving shall be punished more strictly in the event that a person drives a motor vehicle again at least twice with the aim of preventing a vehicle that threatens road traffic safety and ensuring the awareness of it, and the defendant has already been punished three times due to the violation of the Road Traffic Act, and the defendant commits the instant crime. The defendant's blood alcohol concentration at the time of the instant case is relatively higher than 0.167%, and the defendant drives a motor vehicle without the license.