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 February 19, 2009, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's Gun mountain support on February 19, 2009, the summary order of KRW 1.5 million for the same crime in the Daejeon District Court's Seosan support on December 6, 2010, and the summary order of KRW 5 million for the same crime in the Daejeon District Court's Seosan support on August 30, 2013, respectively.

As above, the Defendant violated Article 44(1) of the Road Traffic Act on at least two occasions, and did not obtain a driver’s license.

On May 31, 2015, the Defendant, while under the influence of alcohol at 0.198% of blood alcohol level, driven the Bpoter, spobes and to the 28th road in the southwest-ri, west-ri, 1-ro, west-ri, 500 meters away from the front of the “hummpos” in the Yansan-si, the Defendant driven the Bpoter, spobes and to the front of the 28th road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that no criminal records exist except for the previous convictions in the market, and that the mistake appears to repent and reflect it);

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) and (2) of the Criminal Act on Probation;

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