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 April 15, 2011, the Defendant was issued a summary order of KRW 1.5 million at the Suwon District Court’s horizontal Housing Site as a crime of violation of the Road Traffic Act, and KRW 1.5 million at the same court on May 13, 2011.

【Criminal Facts】

On August 18, 2012, at around 17:40, the Defendant, without a driver’s license, driven a motor vehicle with a c-wing line at approximately 10 meters from the front side of the public-private partnership, which is located in Pyeongtaek-si, Bupyeong-gu, Seoul-Eup, to the front side of the entrance of the public-private partnership market in the same Ri, while under the influence of alcohol by 0.121% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is likely to be criticized in that the defendant once again drives a drinking or driving without a license even though he had a history of criminal punishment twice or once due to drinking driving, and caused a traffic accident.

However, considering the fact that the defendant seems to be aware of and reflect the crime of this case as favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall determine the punishment as ordered by taking into account various circumstances, such as the defendant's age, character and conduct and environment,

It is so decided as per Disposition for the above reasons.