A defendant shall be punished by imprisonment for not more than ten 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 May 23, 2011, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 23, 201, and a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 18, 2014.

On March 23, 2014, at around 06:25, the Defendant driven a C-do motor vehicle with a blood alcohol concentration of 0.142% under the influence of alcohol without a vehicle driver’s license in the section of approximately 0.5 kilometers from the Do prior to the restaurant of the Daejeon Sung-dong to the 1110 front road of the Daejeon Sung-gu B apartment.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a drunk condition and a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

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 of the Road Traffic Act, and Article 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. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;