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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On August 26, 2011, the Defendant received a summary order of KRW 4 million for a fine of KRW 1 million for a violation of the Road Traffic Act due to a violation of the Road Traffic Act, etc., and a summary order of KRW 2 million for a crime of violation of the Road Traffic Act (driving on October 30, 2009) from the Yeongdeungpo Branch of the Chuncheon District Court as well as for a fine of KRW 2 million for a violation of the Road Traffic Act.
On July 27, 2013, at around 22:45, the Defendant driven a Maz vehicle under the influence of alcohol leveling of about 0.290%, without obtaining a driver’s license, from the front side of the “gold apartment” located in 42, Gangwon-gu, Gangwon-gun, Chungcheongnam-gun, Gangwon-do, Seoul Special Metropolitan City, to July 27, 2013, at around 22:50, from July 27, 2013, the head of the Defendant driven a Maz vehicle under the influence of alcohol leveling of about 1km.290%, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. Report on detection of a host driver and report on the circumstances of a host driver;
1. Previous records: Application of Acts and subordinate statutes to criminal records investigation reports and investigation reports (the latest same kind of records of a suspect);
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. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that there are five criminal records of a fine due to a drunk driving, and that the blood alcohol concentration is considerably high, etc. disadvantageous to the defendant, or considering
1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;