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

At around 02:20 on May 19, 2013, the Defendant driven BE vehicles under the influence of alcohol concentration of about 0.216% in front of the main 4km of the “BE”, which is located in the awning of the fixed line of Gangwon-gun, Gangwon-do, Gangwon-do, to May 19, 2013, at around 02:35, the Defendant driven BE vehicles under the influence of alcohol concentration of about 0.216% without a motor vehicle driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant provisions of Article 148-2 (2) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 Act on the Suspension of Execution [the defendant, on April 19, 2013, is to suspend the execution of imprisonment only once in consideration of the following: (a) the defendant not only driven a motor vehicle under the influence of alcohol without being aware of a fine of KRW 3.5 million for a violation of the Road Traffic Act, but also caused traffic accidents; and (b) the degree of alcohol concentration in blood is considerably high; (c) the defendant is not subject to criminal punishment exceeding a fine; (d) the defendant has no power to be subject to criminal punishment; and (e) the execution of imprisonment shall be suspended only once, taking into account the fact that the defendant reflects his/her mistake, etc.];

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;