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 September 4, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Seoul Northern District Court on September 4, 2012, and was sentenced to a fine of KRW 4 million for a crime of violation of the Road Traffic Act at the Changwon District Court on October 14, 2009.

On January 30, 2013, the Defendant, at around 21:25, driven Brocketing cargo without obtaining a driver’s license in a section of about 300 meters from the street in front of a public parking lot located in the voice Eup/Myeon of Chungcheongbuk-gun to the front of the human resource office, instead of being in the same Ri, and driving Brocketing truck with a blood alcohol content of about 0.121% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Inquiry reports on criminal records, etc., and application of statutes attached to written judgments;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the instant crime was committed again despite two times of drunk driving, the risk of drunk driving and unlicensed driving, and the circumstances favorable to the purport of the revision of the Road Traffic Act to strengthen the punishment for drunk driving: the Defendant reflects the crime; the Defendant has no criminal record exceeding the fine; and the Defendant has no criminal record beyond the fine, and other circumstances that are the conditions for sentencing as recorded in the records, such as the Defendant’s age, character and behavior, occupation, family environment