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 December 8, 200, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Busan District Court’s branch branch branch on September 6, 2012, a summary order of KRW 1,500,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act (driving) at the Suwon District Court’s Ansan Branch on September 6, 2012, and on September 13, 2012, a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road

【Criminal Facts】

On September 16, 2012, the Defendant was under the influence of alcohol of 0.088% (blood collection result) with blood alcohol concentration around 21:30 on September 21, 2012. On the road located in Eunpyeong-gu Seoul Metropolitan Government, the Defendant driven the EM5 car without a 200-meter car driver’s license from the front of the C market in Eunpyeong-gu Seoul to the front road of the D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the written appraisal of blood alcohol and the report on detection of a drinking driver;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Criminal records, etc. inquiry report, investigation report (verification of the fact that the defendant has been sentenced twice a fine for violation of the Road Traffic Act (driving of a fine) of the defendant), consolidated case inquiry, and application of two copies of summary order Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Judgment on the Defendant’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. The measurement of alcohol by the Defendant’s blood test shall be 0.088%, or the blood alcohol concentration by the respiratory measuring instrument shall be 0.0.0