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 power] On April 26, 2013, the Defendant was issued a summary order of 2 million won by a fine of 6 million won due to a violation of the Road Traffic Act (driving) at the Gangnam District Court on June 8, 2012, a fine of 4 million won due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 7, 2012, and a fine of 2 million won due to a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on February 7, 2012.

【Criminal Facts】

On May 5, 2013, at around 23:00, the Defendant, without a car driver’s license, driven B rocketing car with approximately 1km section from the front day of the restaurant on the trade name in the Dobong-dong, Guro-gu, Seoul, to the front day of the same day 23:14, around 125, Guro-gu, Seoul, while under the influence of alcohol by 0.133% of alcohol level.

Accordingly, the Defendant, without a driver’s license, has violated the provision on prohibition of drunk driving more than twice, and was driven under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Inquiry into driver's licenses;

1. Application of three copies of criminal records and summary order under the Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (the grounds for discretionary mitigation are repeated);