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

On August 16, 2012, the Defendant issued a summary order of KRW 7 million for a fine for a violation of the Road Traffic Act (driving) at the Busan District Court's branch on August 16, 2012; KRW 3 million for a violation of the Road Traffic Act (driving) at the Busan District Court on June 16, 2017; or KRW 7 million for a violation of the Road Traffic Act at the Busan District Court on June 7, 2018.

On October 18, 2018, the Defendant had been punished for drinking driving more than twice as above, but around 05:24 on October 18, 2018, the Defendant driven B K5 cars owned by the Defendant without a vehicle driver’s license at a section of approximately 500 meters from the beginning of the Seocho-dong Busan High Station, Busan High Station, and the first underground car from the front of the entrance of the first underground car.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Written request for appraisal, and a written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Previous convictions indicated in its ruling: Criminal history records, inquiry reports, and application of three-minute summary orders of the same power;

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 (see, e.g., Supreme Court Decision 201Do148, Feb. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;