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 this judgment becomes final and conclusive.

Punishment of the crime

On October 1, 2013, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (driving) in the Daejeon District Court’s Incheon District Court’s Branch on October 1, 2013, and a fine of KRW 3 million as a crime of violating the Road Traffic Act (driving) in the same court on April 21, 2014.

On April 8, 2015, at around 16:31, 2015, the Defendant driven B-XG car under the influence of alcohol with approximately 0.064% of alcohol content without a vehicle driver’s license at a section of approximately 400 meters before the luminous Sports Park located in the same Eup/Myeon located in the Gocheoncheon-gu, Chungcheongnam-gun, Chungcheongnam-do.

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;

1. Previous records: Criminal records and application of statutes governing judgment;

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 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Do139, Jan. 1, 201>

1. Article 62 (1) of the Criminal Act (Reexamination of normal relations) of the suspended execution;

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;