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 April 20, 2009, the Defendant is a person who has the record of committing the violation of the Road Traffic Act (driving) by receiving a summary order of KRW 700,000 as a fine for the violation of the Road Traffic Act (driving) from the Western Branch of the Daegu District Court on April 20, 200; and on October 21, 2014, receiving a summary order of KRW 6 million from the same court as a fine for the same crime on at least two occasions.

On October 16, 2015, around 17:07, the Defendant driven B rocketing car under the influence of alcohol content of about 0.188% without a driver’s license from approximately 50 meters to the front road of the “Sashsaw”-ro 22, which is located in the 3-lane 2, Seogu, Seogu, Daegu-ro, Seog-ro 17:07.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of a reference inquiry report, such as criminal records, investigation report (same previous records and summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no record of punishment exceeding a fine, drinking again, or not driving without a license, etc.);

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