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 May 9, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on May 9, 2007, and on November 25, 2010, sentenced to a fine of four million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on November 25, 201.

On August 3, 2014, the Defendant, without obtaining the driver’s license on August 18:25, 2014, driven a B-to-purd vehicle at a section of about 200 meters 200 meters high from the roads 11-o, 25-o, e.g., the e., the e., the e., the e., the blood alcohol concentration of 0.197%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (verification of criminal records of a suspect's drunk driving), and application of respective statutes of judgment;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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 (i.e., that a person does not drive under the influence of alcohol in the future as he/she repents wrongs);

1. Article 62 (1) of the Criminal Act (Taking into account the same circumstances as the above);

1. In light of the fact that the defendant, who has been punished several times due to the reasons of sentencing under Article 62-2 of the Criminal Act, drives without a license for drinking alcohol, the punishment for the crime is not weak, but considering favorable circumstances such as the defendant's mistake, the defendant's mistake is recognized and reflects, the fact that the defendant does not cause a traffic accident due to driving of this case, and other circumstances that are conditions for sentencing, such as the defendant's age, character, conduct and environment, etc., the punishment shall be determined as per the order.