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 27, 2011, the Defendant was notified of a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Ulsan District Court, and on December 13, 2013, the Defendant was notified of a summary order of KRW 5.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court’s Dong Branch Branch.

On March 5, 2014, at around 01:00, the Defendant driven a motor vehicle owned by the Defendant without obtaining a driver's license under the influence of 0.21% of blood alcohol farming 0.21%, from the front day of the Samsan-si cafeteria which is located in Yangsan-si, Yangsan-si, to the front day of the sobrying soup in the same city.

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;

1. Before judgment: References to criminal records and investigation reports (report attached to a summary order) and the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);

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. The Defendant’s reason for sentencing under Article 62-2(1) of the Criminal Act, based on the following: (a) the Defendant was sentenced to a fine due to a drunk driving in November 2013; and (b) was under the influence of drinking alcohol only for several months; (c) the Defendant was under the influence of drinking alcohol; and (d) there was no criminal record other than a fine for choosing imprisonment; and (e) the Defendant’s risk of repeating the order to attend a compliance driving curriculum is recognized, taking into account the following: (a) there was no criminal record other than a fine for choosing imprisonment;