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 November 5, 2009, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on November 5, 2009, and on November 26, 2012, the above court issued a summary order of KRW 4,00,000 as a fine for a violation of the Road Traffic Act (driving).

At around 02:40 on January 18, 2013, the Defendant, while under the influence of alcohol by 0.129% without a driver’s license, driven a B car in the section of about 700 meters from the front day of the beauty restaurant located in 540, Gangnam-gu, Seoul, Seoul, to the road of the Hanwon apartment located in 56-2, Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous convictions in judgment: References to criminal records and investigation reports (reports related to the application of Acts and subordinate statutes) shall be applied;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend the course of education is that the defendant was sentenced to a fine in 2001, 2009, and 2012 due to drinking driving, and the defendant again committed the crime of this case even though he had the record of being sentenced to a fine in 2010 due to driving without a license, and the defendant's blood alcohol concentration is high. However, there are unfavorable circumstances such as the defendant's blood alcohol concentration. However, the defendant's age, character and behavior at the time of committing the crime of this case and other sentencing conditions indicated in the records such as age