A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 29, 2008, the Defendant was issued a summary order of KRW 500,000 for a fine of KRW 500,000 for a crime of violation of the Road Traffic Act in the Gwangju District Court's application for wood application, on September 24, 2012, by a fine of KRW 2 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on February 21, 2013, the Defendant was sentenced to a stay of execution for six months for a crime of violation of the Road Traffic Act at the Gwangju District Court.

3.1. The above judgment becomes final and conclusive and currently during the suspension of execution.

【Criminal Facts】

On July 14, 2013, the Defendant driven B-wing Truck owned by the Defendant at a quantity of 300 meters from the front road of the Dong-gu, Gwangju Metropolitan City (5-3 Dop. 153 Dop. 5-3) to the front road of the same mountain o-distance KT agency, while under the influence of alcohol by 0.149% without obtaining a driver's license, at around 00:28.

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. The register of driver's licenses;

1. Previous records of judgment: Application of the Act and subordinate statutes of inquiry report and investigation report (a) including criminal records, etc.;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was that the Defendant was punished twice a fine for the same kind of the instant crime, and one time a suspended sentence as the instant crime. In particular, in light of the fact that the driver’s license was revoked due to the crime of drunk driving, as well as the fact that the Defendant continued to possess the said vehicle under his/her name even though he/she was under the suspended sentence of imprisonment with prison labor, and even when he/she was under the suspended sentence, he/she had been driving the said vehicle in the corresponding state of alcohol concentration of 0.149%.