A defendant shall be punished by imprisonment for not more than ten 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 13, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Daegu District Court on November 13, 2006; on November 16, 2007, a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act (driving) was issued; and on October 29, 2008, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court's smuggling support.

On August 30, 2012, at around 21:30 on August 30, 2012, the Defendant driven a CP car at a 10-meter range from the parking lot of the Gisung Hospital in the Gihae-si Kimhae-si, to the front road of the entrance of the parking lot of the Gisung Hospital, while under the influence of alcohol concentration of 0.063% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement statement and report on detection of a host driver;

1. Registers and photographs of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports, and 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act is a criminal who is likely to run a motor vehicle without a license under the influence of alcohol despite being sentenced to the suspension of the execution of imprisonment due to a crime of violation of the Road Traffic Act in the Changwon District Court's Stakyang support on October 29, 2008, and is also sentenced to the suspension of the execution of imprisonment due to a crime of violation of the Road Traffic Act in spite of being sentenced to the suspension of the execution of imprisonment on October 29, 208.