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

On November 24, 2010, the Defendant was sentenced to a suspended sentence of five months by imprisonment with prison labor for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and was sentenced to a fine of seven million won on January 28, 2013 by the Incheon District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury to Dangerous Drivers).

The Defendant, as a person who had the power to drive a motor vehicle two times or more as above, driven a BM5 motor vehicle owned by the Defendant under the influence of alcohol concentration of 0.213% without a motor vehicle driver’s license on a section of about 500 meters from the road located in the Seo-gu Incheon Samamamb, Seo-gu, Incheon to the front day of the Mang high-speed, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Report on detection of drivers, response to requests for appraisal, investigation report (demark);

1. Registers of driver's licenses;

1. Inquiry reports, such as criminal records, pre-dispositions, reports on results of confirmation, and application of Acts and subordinate statutes to criminal records, etc.;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspended execution.