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 September 28, 2009, the Defendant was issued a summary order of KRW 700,000 by a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on September 28, 2009, and on December 17, 2009, the Seoul Western District Court was sentenced to imprisonment for 6 months and 2 years of suspended execution and became final and conclusive on the 25th of the same month.

On June 1, 2012, around 09:40 on June 1, 2012, the Defendant driven C 49C 0.140% alcohol concentration while under the influence of alcohol without a motorcycle driver's license at approximately 1.5 kilometers from the front day of Yongsan-gu Seoul Metropolitan Government 2, 737-6 Ansan to the road of 657-201, Yongsan-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Blood alcohol appraisal report, investigation report - Application of the Ba mark formula to an act of a suspect;

1. Investigation report - A copy of the car driving license register; and

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former and summary orders) and Acts and subordinate statutes;

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 2 of Article 154 and Article 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is a very dangerous criminal who may cause fatal damage to the life and property of others as well as himself/herself, and the defendant already has been punished several times due to driving without a license, but also drives Otoba without a driver's license while under the influence of alcohol content of 0.140%.