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

[Attachment] On July 20, 2007, the Defendant was notified of a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in Changwon District Court (hereinafter “Seoul District Court”), and a summary order of KRW 2.5 million as a fine for the same crime in the same court on July 10, 2010.

[2012 Highest 31] The Defendant was under the influence of alcohol with 0.165% of blood alcohol concentration without a driver’s license, and around June 20, 2012, at around 21:30, the Defendant driven a DNA cargo vehicle at approximately 2 km from the front road of the Kimhae-ri cafeteria located in the same Eup/Myeong-ri, the front road of the Kayang-si owned by the Defendant.

[2013Gohap18] On March 23, 2013, the Defendant, without a vehicle driver’s license around 11:50 on the front of the above deaf-gu, driven the cargo vehicle from approximately 5km to the front road of the above deaf-gu via the E-owned packing horse located in the ceiling sloping located in the upper sloping.

Summary of Evidence

[2012 Gohap31]

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses, and a registration statement on the vehicle;

1. Previous records of judgment: Criminal records, etc. and investigation reports (written inquiry reports and consolidated reports of summary orders of the same type criminal records);

1. Defendant's legal statement;

1. License register and next inquiry;

1. Application of Acts and subordinate statutes on photographing CCTVs for operating a motor vehicle that is operated prior to the accident;

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

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

1. Selection of each sentence of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 (Discretionary Reasons for discretionary mitigation)

1. Grounds for sentencing Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc.