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 March 5, 2007, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Jeonju District Court’s Gunsan Branch on September 18, 2008, KRW 1.5 million as a fine for the same crime in the same court on September 18, 2008, KRW 5 million as a fine for the same crime in the same court on December 8, 2014, and KRW 5 million as a fine for the same crime in the same court on December 22, 2014.

On February 1, 2015, the Defendant, while under the influence of alcohol 0.208% with blood alcohol level around 21:05, operated a Bpd car without a vehicle driver’s license, one of the two sections in the Songsan-si B from the front day of the Docccccian Island to the front day of the said road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

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 2009Da15448, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration into consideration in discretionary mitigation);

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;

1. Article 62-2 (1) of the Criminal Act, the main sentence of Article 59 (1) of the Act on Probation, etc.;