A defendant shall be punished by imprisonment for not less than eight months.

except that 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 July 9, 2010, the Defendant received a fine of two million won as a crime of violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on July 9, 2010, and a fine of three million won as a crime of violation of the Road Traffic Act (driving) in the above court on May 30, 2012.

【Criminal Facts】

The defendant at around 23:58 on April 3, 2013, the same year from the front day of Seongdong-gu Seoul Metropolitan Government Sungdong-dong on the same day.

4. 4. Around 00:03, a person driving a nnn of 21 ton of b1 ton of alcohol without obtaining a driver’s license in the 1km section from the day before the 220nd road of the same Gu, which was around 00:03.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the output of drinking, report on the results of crackdown on drinking driving, and report on the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of a reply to criminal records and investigation reports (report attached to a summary order) Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Formal concurrence and selective punishment under Articles 40 and 50 of the Criminal Act (the punishment shall be imposed as imprisonment with prison labor which is heavier than that of a violation of the Road Traffic Act);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation [General Considerations favorable to the defendant among "reasons for discretionary mitigation"]

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant already has a record of being punished several times due to drunk driving as stated in the first head of the judgment, and that the driver's license of a motor vehicle is revoked, but driving a motor vehicle without a driver's license while under the influence of alcohol is disadvantageous to the defendant.

However, there is no history that the defendant has been punished more severe than a fine, and there are circumstances favorable to the defendant, such as the result of the measurement of drinking alcohol in this case is not high.