However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

On March 26, 2010, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Changwon District Court on March 26, 201, and a fine of two million won for the same crime at the same court on January 9, 2011, respectively.

On December 24, 2012, the Defendant: (a) around 01:10 on the 01st day of 01:0 on the road in front of the junk Kimhae-si, and (b) on the 1km in front of the same side of the road in front of the junoptoluth of the same side, and operated B-G car under the influence of alcohol concentration of about 0.158% without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (report accompanied by a copy of the same criminal records, summary orders, etc.);

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. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is not sufficient in that the defendant committed the crime of this case in which he/she drives without permission again without being aware of the fact that he/she had been sentenced to a fine twice due to the violation of the Road Traffic Act.

However, the punishment shall be determined as ordered in consideration of the fact that the defendant has no record of punishment as punishment, the fact that the defendant is living in depth while making a confession, the circumstances favorable to the defendant, and the conditions of sentencing shown in the records, such as the age, character, conduct and environment of the defendant.