A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[2013 Highest 131] The Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act in the Daegu District Court’s Ansan-dong branch on December 21, 2006. The Defendant was sentenced to a fine of 2.5 million won for the same crime in the same court on July 7, 2011.

On March 1, 2013, at around 12:30, the Defendant, while drunk with blood alcohol concentration of 0.220% without obtaining a driver’s license on March 1, 2013, driven from the parking lot adjacent to the Doncheon-gun, Doncheon-gu, Doncheon-do, to the entrance of the Confucian Village in the same military wing-do.

[2013 Highest 173] On December 21, 2006, the Defendant was sentenced to a fine of KRW 2.5 million as a crime of violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on December 21, 2006, and a fine of KRW 2 million as a same crime in the same court on July 7, 201.

On March 16, 2013, the Defendant, without obtaining a driver’s license at around 09:00 on March 16, 2013, driven a blood alcohol level of about 11 km from the part of the Defendant’s house located in C in C in C in the state of under the influence of alcohol of about 0.096% of blood alcohol content from the 11km section to the right side of C in C in the west-do Office.

Summary of Evidence

[2013 Highest 131]

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in his/her judgment: References to criminal records, references to criminal records, and reports on the results of confirmation;

1. Defendant's legal statement;

1. Inquiries into reports on detection of drivers and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, etc. and inquiries report (A), each disposition not before the disposition and report on the results of confirmation, and application of Acts and subordinate statutes to investigation report (report on summary order and attachment 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

1. Violation of the Road Traffic Act by March 1, 2013 (the crime of running sound driving) under Articles 40 and 50 of the Criminal Act.