A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

At around 07:20 on August 10, 2012, the Defendant driven the said vehicle without a driver’s license, a road of approximately 1 kilometer in the direction of alcohol concentration 0.147 percent in blood, from the road front of the establishment of a mutually influent road located in Seongdong-dong at Yangju-si to the front of the road located in the same speed 439 at the same time. On August 10, 2012, the Defendant driven the said vehicle at a road of approximately 2.6 kilometers in the direction of alcohol concentration from the Defendant’s residence to the front of the regluent distance, which is the place where the vehicle is discovered through the said extension.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (registration No. 24 pages);

1. Relevant provisions of Article 148-2 (2) 2, 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 (The following extenuating circumstances among the reasons for sentencing):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter referred to as “conscising sentence”) is that the Defendant was sentenced three times to a fine for drinking or driving without a license for a short period of time, and the Defendant has repeated the instant drinking or driving without a license, etc., the Defendant is selected to be sentenced to imprisonment; however, the execution of the sentence shall be suspended, taking into account the fact that the Defendant is divided into custody for a certain period of time and not repeating the offense.