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 June 29, 2009, the Defendant was issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act, and on December 13, 2010, issued a summary order of KRW 2.5 million by the same court as the same crime, and on July 18, 2014, the Defendant was sentenced to a fine of KRW 5 million by the same court as the same crime.

On January 24, 2015, at around 21:20, the Defendant, without a driver’s license, driven a B car in the section of about 5 km from the front of the “insulgic “insulgic shop” in the Changwon-si, Sungwon-si to the front road of the “insulgic Gu” under the influence of alcohol content of 0.149% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement report on the circumstances of a host driver, report on detection of a host driver, and notification of the completion of correction;

1. Registers of disqualified meetings and driver's licenses of the main office;

1. Previous records of judgment: Application of criminal records, repeated statements (A), investigation reports (a copy, etc. of judgment) and statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again commits the instant crime under the same type of without a license even though he/she had been sentenced to a fine for a violation of the Road Traffic Act on several occasions, as stated in the facts constituting the instant crime; and (b) the fact that the blood alcohol concentration level at the time of driving of the instant case is very high, etc.

However, the fact that the defendant repents and reflects his mistake, the fact that the defendant has no criminal record of the suspension of execution or more, and the age, character and conduct, and the crime of the defendant.