A defendant shall be punished by imprisonment for not more than ten 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 January 29, 2009, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on January 29, 2009, and on January 5, 2012, the same court issued a summary order of KRW 2.5 million as a fine for the same crime at the same court on January 5, 201, on two occasions.

At around 04:00 on April 9, 2012, the Defendant, without obtaining a driver’s license, driven a Category C motor vehicle from the digital singing practice room located in the Macheon-si Macheon-si, Macheon-do, in the direction of alcohol concentration of 0.142%, to the front road of the same Eup/Myeon from the digital singing practice room to the front road of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. The ledger of driver's licenses;

1. Sovereign photographs;

1. Records before judgment: Application of criminal records, etc. inquiry report, each copy of each summary order (Korean Government District Court No. 2009 High Court No. 2009 High Court No. 814, 201 High Court No. 18915);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing)

1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act is committed by the defendant, even though the defendant was punished twice due to drunk driving, and again committed the crime of drinking without a license. The defendant's blood alcohol concentration at the time is somewhat higher than 0.142%, and the defendant is in total three times prior to the same crime (two times due to drinking driving and one time without a license).