A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 22, 2012, the Defendant received a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the same court on October 30, 2013.

At around 01:40 on December 20, 2013, the Defendant, without obtaining a driver’s license, driven a motor vehicle with Down alcohol level of about 4 km from the section of approximately 0.168% of blood alcohol level to the road in the same Sinpo-si, Kimpo-si on the road in the same Sinpo-si, Seopo-si, Kimpo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records (the latest judgment on criminal records against a suspect);

1. Relevant provisions of 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 a crime (Determination of Imprisonment with prison labor);

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

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act provides that a suspended sentence shall not be less than six criminal records of the defendant, but not less than six criminal records of the defendant.