A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 8, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Seoul Central District Court on December 8, 2008, and a fine of four million won for a violation of the Road Traffic Act at the Ansan District Court on January 16, 2013.

On July 25, 2013, at around 23:00, the Defendant driven B New Cream Vehicle with approximately 0.113% of alcohol content without a vehicle driver’s license from the parking lot of the office building near the 4th-gu Seoul Guro-dong, Guro-gu, to the road in front of 707-13.

As a result, the defendant, who had driven a motor vehicle twice or more, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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 (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;