A defendant shall be punished by imprisonment for one year.

However, the execution of imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On October 27, 2008, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of KRW 1.5 million by the same court on July 10, 2009 with the same crime, etc. at the Sung-nam Branch of Suwon District Court on the charge of violation of the Road Traffic Act.

【Criminal Facts】

On November 22, 2012, the Defendant driven CF truck at a section of approximately 200 meters prior to the “slunchylty” road located in the Gyeonggi-gu Busan Metropolitan City, 0.194% of the blood alcohol concentration without obtaining a driver’s license, on November 22, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on driver's license, report on the results of the crackdown on drinking driving, and circumstantial report on drinking drivers;

1. References to criminal records and other reference records, and application of Acts and subordinate statutes of a report on investigation (attached to a summary order);

1. Violation of relevant provisions of the Road Traffic Act concerning facts constituting a crime: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act: Article 152 (1) 1 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. Article 62 (1) of the Criminal Act (The grounds for affirmative punishment among the grounds for suspended sentence);

1. The reason for sentencing of Article 62-2(1) and proviso to Article 62-2(2) of the Criminal Act, the Defendant again committed the instant crime without being aware of the record of being sentenced to a fine twice due to drunk driving.

However, considering the fact that the defendant reflects his mistake in depth, the distance from driving under the influence of alcohol is not long, the defendant has a disability of class 3, the age, character and conduct of the defendant, and circumstances after the crime, the punishment as ordered shall be determined by taking into account various sentencing factors as shown in the argument of this case, such as the age, character and conduct of the defendant,