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.

Punishment of the crime

On December 9, 2010, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Changwon District Court’s Tongwon District Court’s branch. On September 11, 2012, the Defendant received a summary order of KRW 5 million due to the same crime, etc. in the same court.

On December 8, 2012, the Defendant: (a) without obtaining a driver’s license at around 23:20 on December 23, 2012; (b) while under the influence of alcohol at a 0.123% of the blood alcohol concentration, the Defendant transponed the ice in the macropon-si in the front of the drinking house to the front of the fluence store in the ancient city at a macropon-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the same summary order);

1. Relevant Act of the crime: Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the crime, subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the point of without a license for driving)

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 (Taking into account the reflection of the fact and the distance of driving);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;