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 September 30, 2004, the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Seoul Southern District Court on September 30, 2004; the Defendant was punished by a fine of 2.5 million won for the same crime at the Incheon District Court on January 3, 2007; the Defendant was punished by a fine of 70 million won for a violation of the Road Traffic Act (unlicensed) in the same court on May 18, 2007; and on February 17, 2012, the same court was punished by a fine of 4 million won for a violation of the Road Traffic Act.

【Criminal Facts】

On February 1, 2013, at around 23:45, the Defendant driven a BM3 car while under the influence of alcohol content of 0.131% without a vehicle driver’s license from around the roads near the Seo-gu Incheon Seo-gu Incheon Metropolitan National Cemetery to the roads adjacent to the same Gu Seonam-dong SK Energy.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., that a person repents and reflects his/her misunderstanding, and that he/she is both previous and several times, but is a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;