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 22, 2011, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Chungcheong District Court’s Chungcheong District Court’s Chungcheong Branch. On February 6, 2013, the Defendant received a summary order of KRW 4 million for the same crime, etc. in the same court.

On March 31, 2013, the Defendant: (a) was punished twice or more for a violation of the Road Traffic Act; and (b) was driving a B low-end car at a section of about 30 meters from the front door to the front door of the mouth apartment, which was under the influence of alcohol with a blood alcohol content of 0.175% without a driver’s license on March 31, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (report accompanied by a copy of judgment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite two times of drunk driving, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: the Defendant reflects the crime; the Defendant has no criminal record exceeding the fine; and the Defendant has no criminal record beyond the fine, and other circumstances that are the conditions for sentencing as recorded in the records, such as the Defendant’s age, character and behavior, occupation, family environment