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 June 25, 2010, the Defendant received a summary order of KRW 300,000,000 as a fine for a violation of the Road Traffic Act, from the Youngcheon District Court’s Young-gu branch on June 25, 2010. On September 28, 2012, the above court received a summary order of KRW 1.5 million as a fine for the same crime.

On July 28, 2013, at around 16:10, the Defendant driven a dgallon with alcohol concentration of about 0.139% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license in approximately 2.5km section from the front of the plate located in Young-gun, Young-gu, Young-gu, Young-gu, Young-gu, Seoul to the front of the house located in C in the same military.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of driver's licenses;

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

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

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the grounds for probationary mitigation below);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the following grounds: (a) the Defendant committed the instant crime at least ten months even though he/she was issued a summary order of KRW 1.5 million due to a drunk driving on September 28, 2012; (b) the Defendant’s act was unfavorable to the Defendant; (c) the Defendant reflects the Defendant’s mistake; and (d) the Defendant supports the wife suffering from brain-disease disorder)

1. Probation and order to provide community service and attend lectures, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;