A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On August 7, 2008, the Defendant was issued a summary order of 2.5 million won by the Suwon District Court due to a crime of violation of the Road Traffic Act. On December 13, 2012, the Defendant was sentenced to a suspended sentence of 2.5 months by imprisonment with prison labor for a crime of violation of the Road Traffic Act at the Suwon District Court.

1. Around August 1, 2013, the Defendant driven C motor vehicle while under influence of 0.205% of the blood alcohol concentration without a motor vehicle driver’s license in the section of approximately 900 meters from the roads near the flow-dong or the main station in Suwon-si, Suwon-si to the roads near the main station in Suwon-si, Suwon-si to the 55th day of Suwon-si, Suwon-si, Suwon-si.

2. Where a person who has acquired an automobile violating the Automobile Management Act intends to transfer it again to a third party, he/she shall file an application for registration of transfer of ownership with the Mayor/Do governor;

Nevertheless, around April 2012, the Defendant purchased 4 million won or more from a person who was unaware of his name, and sold it to D around November 3, 2013 in the vicinity of Suwon-si, Dongdaemun-gu, Seoul. However, the Defendant did not make the registration of transfer in its name.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Notification of the control results of drinking driving, and a report on the state of drinking drivers;

1. The driver's license ledger;

1. Comprehensive automobile tax;

1. Previous records: The application of inquiry letter, investigation report, and statutes, such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts; subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act; Articles 80 subparagraph 2 and 12 (3) of the Automobile Management Act concerning criminal facts;

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. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.