A defendant shall be punished by imprisonment for one year.

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

[criminal power] On August 29, 2012, the Defendant was issued a summary order of KRW 8 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Goyang Branch of the Jung-gu District Court on August 29, 2012, and a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) to the Seoul Western District Court on October 18, 2012.

【Criminal Facts】

On October 31, 2012, at around 22:30, the Defendant driven C QM5 car under the influence of alcohol content 0.121% without obtaining a driver’s license from the front of the Seocho General Market in the calendar of Eunpyeong-gu Seoul Metropolitan City to the road front of the 169-9 CYM-9 CY5 car without obtaining a driver’s license in the 1km section from the front of the Seobu General Market in Eunpyeong-gu, Seoul to the front of the 1km-dong, Eunpyeong-gu.

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 and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (the summary order and report on the attachment of indictments), senior district court of the Speaker's District Court 2012 high-level and approximately 6363, Seoul Western District Prosecutors' Office 2012 type 3603, and the application of statutes in which indictments are written;

1. Article applicable to criminal facts;

(a) Point of drinking under the judgment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

(b) Point of driving without obtaining a license: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc., even though the Defendant had been subject to criminal punishment four times due to drunk driving, unlicensed driving, etc., the Defendant committed the instant crime of the same kind even though his/her driver’s license was revoked on April 23, 2012 due to drunk driving on April 23, 2012.