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 October 17, 2008, the Defendant was issued a summary order of KRW 500,000,000 at the Cheongju District Court’s Chungcheong Branch on August 10, 201, and KRW 3 million on August 10, 201, respectively.

【Criminal Facts】

On November 13, 2012, at around 01:10, the Defendant driven a CL car under the influence of alcohol content of about 0.109% without obtaining a driver’s license from a section of about 350 meters near the Tong-dong to the Korean Industrial Complex in Pyeongtaek-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, report on the state of a drinking driver's standing, and notice of the result of the crackdown on drinking;

1. Report on the current status of operation without a license, and the license ledger;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other 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 1 of Article 152 of the Road Traffic Act and Articles 152 and 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture does not seem to have a possibility of criticism in that the defendant had a history of criminal punishment twice due to drunk driving.

However, it appears that the defendant was the time to commit the crime of this case, and that the defendant has no record of criminal punishment two times other than the above fine, etc., considering the circumstances favorable to the defendant, and taking into account other various circumstances that form the conditions for sentencing, such as the age, character, conduct and environment of the defendant, the punishment shall be determined as ordered.

It is so ordered as per Disposition for the reasons above.