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 this judgment becomes final and conclusive.

Punishment of the crime

On October 12, 2009, the Defendant was issued a summary order of 2.5 million won or more for the violation of the Road Traffic Act at the Changwon District Court’s branch on October 12, 2009, with a fine of two million won or more for the violation of the Road Traffic Act (driving). On April 3, 2013, the Defendant was issued a summary order of 2.5 million won or more for the violation of the Road Traffic Act.

On March 22, 2013, at around 23:05, the Defendant driven a B-hand motor vehicle under the influence of alcohol level of 0.130%, without obtaining a driver’s license, from the front day of the swimming pool in the Jinju Police Station in the Jinju City, which is located in the Dodong-do-ro, to the front day of the Public Security Center in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. Social service order under Article 62-2 of the Criminal Act;