A defendant shall be punished by imprisonment for one year.

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 December 5, 2011, the Defendant was sentenced to a fine of 2.5 million won by the Seoul Western District Court for a crime of violating the Road Traffic Act, and on January 13, 2012, the Defendant was sentenced to a fine of 2.5 million won by the same court as on January 13, 2012.

1. On May 18, 2012, the Defendant voluntarily operated a motor vehicle with C money tank on the road in front of Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City without obtaining a driver's license at around 02:40 on May 18, 2012, the Defendant was driving the motor vehicle to a traffic survey assistant of the Yongsan Police Station D District of the Yongsan Police Station who was dispatched after receiving a 112 report due to contact accidents.

After that, there are reasonable grounds to recognize that the Defendant driven while under the influence of alcohol, such as smelling alcohol in his/her entrance, snicking, bringing red on face, etc., the Defendant did not comply with the drinking measurement without justifiable grounds, even though he/she was requested at the Yongsan Police Station around May 18, 2012 by inserting approximately 30 minutes in a manner of inserting it into a drinking measuring instrument by inserting it into a transport inspector for about 30 minutes at around 03:57 on May 18, 2012.

2. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of the said C money tank.

The Defendant operated the said car without mandatory insurance at the above temporary location.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Mandatory insurance policies;

1. Registers of driver's licenses;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (in the case of refusal to measure the noise, choice of imprisonment), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (in the case of without a license, choice of imprisonment), Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act (in the case of operation of vehicles which are not mandatory insurance, choice of imprisonment).