On October 30, 2008, the defendant was sentenced to 6 months of imprisonment with prison labor for the violation of the Road Traffic Act (driving) and 2 years of suspended execution on November 7, 2008 in the support of the Daejeon District Court on October 30, 2008, and the judgment became final and conclusive on November 7, 2008. On February 6, 2013, the same court was sentenced to 1 year of imprisonment with prison labor and 3 years of suspended execution, and the judgment became final and conclusive around that time.

On December 26, 2013, the Defendant, without a driver’s license, driven a BEX car quantity by approximately one kilometer from the front side of the restaurant in front of the restaurant in which it is impossible to identify the trade name in the pair-dong in the West-gu, Western-si without a driver’s license, at approximately 0.160 percent of the blood alcohol concentration.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. A reference report on criminal records, etc.;

1. Application of Acts and subordinate statutes to an investigation report (prior conviction and confirmation of the same offense);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act with heavier punishment among such crimes) of the Commercial Concurrent Crimes Act;

1. A sentence shall be imposed in light of the fact that the person committed a second offense despite the record of the same kind of crime as the punishment for which choice of punishment was sentenced, and that it was a suspended sentence period for the same crime at the time of the instant crime