On March 5, 2007, the Defendant was sentenced to a fine of 2.5 million won for the violation of the Road Traffic Act (driving) at the Sungwon District Court's Sungnam branch on March 5, 2007. On January 18, 2013, the Defendant was sentenced to imprisonment of 6 months for the violation of the Road Traffic Act (driving) and suspended sentence of 2 years on January 26, 2013.

On February 11, 2013, at around 15:05, the Defendant driven B-be truck under the influence of alcohol concentration of 0.204%, without a vehicle driver’s license, at approximately 300 meters from the 300-meter radius from the F-si, Ansan-si to the 358-2 frontway.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on detection of a host driver;

1. License register;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (Attachment to judgment);

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. In light of the following: (a) the Defendant was sentenced to imprisonment for six months on January 18, 2013; (b) the Defendant was not sentenced to imprisonment for a period of two years on the grounds of violation of the Road Traffic Act on January 18, 2013; and (c) the Defendant committed the instant crime of the same kind; and (c) the Defendant was at the time of driving of the instant case, and (d) the Defendant was at the rate of 0.204% alcohol level at the time of driving of the instant case, it is inevitable to sentence the Defendant

Provided, That the punishment as ordered shall be determined in consideration of the overall circumstances shown in the pleadings, such as the fact that the accused is breaking a wrong person and the health status of the accused.