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 30, 2010, the Defendant was sentenced to a fine of 3.5 million won for the crime of violating the Road Traffic Act at the Cheongju District Court on September 30, 201, and on June 1, 2010, the same court was sentenced to a fine of 2.5 million won for the crime of violating the Road Traffic Act.

On August 16, 2013, at around 20:35, the Defendant driven a Clater’s vehicle under the influence of alcohol concentration of 0.127% without obtaining a driver’s license, from the front of the house at home where it is impossible to know whether it is located in the Cheongju-si, a considerable area of Cheongju-si to the front of the king-dong, Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. "Motor vehicle register and license inquiry statement" (including the ledger of driver's license);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. Probation and community service order under Article 62-2 of the Criminal Act;

1. The term of punishment shall be determined after choosing to punish a defendant, taking into account various conditions of sentencing, such as the fact that the defendant is living in a confession, the distance of the defendant's driving, age, environment of the defendant and circumstances after the crime, etc., and the execution of the punishment shall be suspended by additionally ordering probation and community service;

It is so decided as per Disposition for the above reasons.