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 January 16, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Suwon District Court as a summary order on the same crime. On February 6, 2009, the Defendant received a summary order of KRW 3 million as a fine from the Suwon District Court for the same crime.

On June 14, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and driven Bbeer or car at a section of about 30 meters from the 30-meter radius from the road front of the Green Cross, in the vicinity of the entrance of the river zone, while under the influence of alcohol by 0.163% of the blood alcohol content without a driver’s license, around June 14, 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 on confirmation of the same kind of force);

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 defendant again commits the instant crime even though he had been convicted of two times of drunk driving, the risk of drunk driving and unlicensed driving, and the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: The defendant has no criminal record exceeding the fine, the defendant reflects the crime, and other circumstances that are the conditions for sentencing recorded in the records, such as the defendant's age, character and behavior, occupation and family environment, shall be taken into consideration;