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 of the final judgment.

Punishment of the crime

On June 30, 2011, the Defendant issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million with a fine in the same court on June 2, 2014.

On May 29, 2014, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a B-to-purd vehicle under the influence of alcohol by 0.173% without obtaining a driver’s license from the Do in front of the High School in the Southern-do, Chungcheongnam-do, Namyang-si, the Republic of Korea, from around 50 meters to the front road of the Alban bicycle in the same Eup/Myeon-ro 39 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous records of judgment; the application of statutes concerning criminal records and case search records;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Discretionary grounds for discretionary mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Training (in addition to the previous convictions in the judgment of the accused, an order to take probation at the same time as a compliance driving lecture is issued in consideration of the repeated crimes of the same kind within the last three years, such as having been punished by a fine of five million won due to a violation of the Road Traffic Act on September 3, 2013, in addition to the previous convictions in the judgment of the accused);