The punishment of the accused shall be determined by six months of imprisonment.

Punishment of the crime

On July 9, 2007, the Defendant was a person with experience of violating Article 44(1) of the Road Traffic Act at least twice by receiving a summary order of KRW 500,000,000 from the Gwangju District Court for the crime of violation of the Road Traffic Act, and on July 30, 2010, by receiving a summary order of KRW 2.5 million from the same court at the same court on July 30, 2010. On September 18, 2013, the Defendant driving a vehicle B at approximately 5 km from the influent road located in the Suwon Mine-dong of Gwangju Mine-dong without a driver’s license to the front day of the Seoul Mine-dong branch located in the Gwangjubuk-dong without a blood alcohol concentration of KRW 0.149%.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Descriptions of a report on detection of a host driver;

1. Entry in the register of driver's licenses;

1. Previous records of judgment: Application of the Acts and subordinate statutes which record criminal records, inquiry reports;

1. Article applicable to criminal facts;

(a) Point of driving under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a punishment under Articles 40 and 50 of the Criminal Act (the punishment prescribed for a violation of the Road Traffic Act with heavier punishment and the choice of imprisonment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);