A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[Criminal Power] The Defendant is a person who was sentenced to a fine of one million won on May 10, 2010 for a violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of 1.5 million won on April 24, 2012 for the same crime at Suwon District Court on the same day and four times of the same kind of force.

【Criminal Facts】

On March 10, 2014, at around 22:00, the Defendant driven a motor vehicle with a blood alcohol content of 0.118%, without a driver’s license, from the entrance of the Manam-si B apartment at Sungnam-si to the front road of the commercial building of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Inquiry into the result of the crackdown on drinking driving;

1. An inquiry letter of driver's license and the ledger of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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