A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On April 4, 2014, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Seoul Central District Court on August 12, 201, and the judgment became final and conclusive on April 25, 2013, and is currently under the suspended sentence. On April 25, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) and a fine of three million won for a violation of the Road Traffic Act (driving on June 17, 2008) at the credit branch of the Suwon District Court, and was sentenced to a fine of three million won or more for a violation of the Road Traffic Act.

On July 18, 2014, the Defendant: (a) while under the influence of alcohol with a blood alcohol content of 0.149% without a car driver’s license on July 18, 2014, the Defendant transpied the car from the front side of the shipping beach located in the Busan Shipping Daegu Do, to the front road of the river station located in the Suwon-gu, Busan, Suwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of, and investigation into, a host driver (whether or not a suspect is aware of a license without permission);

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (Evidence List Nos. 20);

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. According to Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation, the Defendant, who was punished for the same kind of crime, has reached 10 times and refused to measure alcohol without a license, and is still under suspension of execution.

However, the term of punishment was set as above in consideration of the circumstances where the punishment becomes invalid when the error is divided and the sentence becomes final and conclusive.