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 April 30, 2010, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act in the Ansan District Court's Ansan Branch on April 30, 2010, and on April 23, 2014, the Defendant issued a summary order of five million won or more for a crime of violating the Road Traffic Act at the Suwon District Court on April 23, 2014.

On January 7, 2015, at around 08:55, the Defendant, without obtaining a driver’s license, operated the B-to-car car at approximately 5 meters in front of the East Mangin-ro 1 in Suwon-si, Suwon-ro, under the influence of alcohol by 0.126% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records, replys to criminal records, and application of Acts and subordinate statutes of investigation report (applicable to punishment for driving under the same kind of suspect);

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 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The execution of imprisonment with prison labor shall be suspended after mitigation of the statutory penalty, taking into account the following circumstances: (a) the defendant’s reason for sentencing or attending a lecture under Article 62-2 of the Criminal Act is against the defendant; (b) there is no history of punishment exceeding the fine; and (c) other circumstances that serve as the conditions for sentencing such as blood alcohol, alcohol, values of driving, driving distance, etc.; and (d) the execution of imprisonment with prison labor shall be suspended after taking into account the fact that it is necessary to take measures to prevent recidivism