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 October 19, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) with a prison labor for a violation of the Road Traffic Act, etc. at the Goyang Branch of the Jung-gu District Court on October 19, 2007. On December 3, 2009, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving) with a penal penalty of 5 million

On February 6, 2012, around 19:00, the Defendant driven a C Poter Cargo without a driver’s license in the state of under the influence of alcohol 0.125% of alcohol content at approximately 3 km from the front of the restaurant “Diculed Dob,” which is located in Goyang-dong, Seoyang-gu, Seoyang-gu, Busan, to the front of the vehicle registration office located in the same meal club.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial report on the driver and the report on detection 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 (a summary order, etc.);

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

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

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;