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 May 30, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on May 30, 2008, a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Sungwon District Court on October 28, 2008, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on July 16, 2010.

On October 23, 2012, around 01:22, the Defendant driven a motor vehicle without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.09% from the front of the Dong Dong-dong Hospital where the meals are located in Goyang-si to the front of the same Gu Pungdong-dong.

Accordingly, the defendant, who violated the Road Traffic Act at least twice due to drinking driving, was driving without permission under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the register of driver's licenses, such as detection and reporting of violations of the Road Traffic Act, reports on the results of the control of drinking and driving, reports on the situation of driving without a license, and reports on the registers of driver's licenses;

1. Previous records of judgment: Application of respective Acts and subordinate statutes stated in criminal records and criminal investigation reports;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 of the Criminal Act is that the defendant has been punished for the violation of the Road Traffic Act five times, and that the defendant has been punished for the violation of the Road Traffic Act (unlicensed driving) three times, respectively, and the same crime is committed.