A defendant shall be punished by imprisonment for not more than ten 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

"2013 Highest 139"

1. On October 24, 2007, the Defendant was sentenced to a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court, and a fine of KRW 2,00,000 as a fine in the same court on March 9, 201.

On February 26, 2013, at around 06:30, the Defendant driven a C low-speed car with a 0.195% alcohol content under the influence of alcohol without a vehicle driver’s license in the 2km section from the front of the restaurant “Dong Young-dong,” which was in the Tong-si, Sin-si, Sin-si.

"2013 Highest 291"

2. Around 16:20 on April 12, 2013, the Defendant driven a car with C low Pest Paint without a driver’s license at approximately 10 km section from the front side of the Gari-si, Sari-si, Sari-si, Gari-si to the front side of the Gari-ri-si, Gari-si, Gari-si, Gari-si.

Summary of Evidence

1. Witness D and E each testimony;

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

1. Details of disposition for cancellation of driver's license;

1. Application of statutes governing field situations also;

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; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 20 years have elapsed from the date on which the final drinking driving was discovered);

1. Article 62 (1) of the Criminal Act (including the fact that there is no record of serving a sentence of imprisonment without prison labor or heavier punishment);

1. The defendant and his defense counsel asserted that the defendant did not drive under influence, and the substitute driver did not go against the defendant while driving the defendant's vehicle. The defendant and his defense counsel argued that he left the defendant's vehicle on the road.