A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On October 14, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act ( sound driving) at the Ansan Branch of the Suwon District Court on October 14, 2008, and a fine of KRW 1.5 million for the same crime from the Busan District Court Branch of the Incheon District Court on October 22, 2010, and on November 26, 2010, the Defendant was sentenced to a suspended sentence of KRW 2 years for the same crime.

Around 00:50 on August 26, 2012, the Defendant driven a CM3 car at a section of approximately 200 meters from the front day of a high-speed house in which the trade name in the Incheon Gyeyang-gu Operation Dong is unknown, without a driver’s license, while under the influence of alcohol by 0.069%, from the front day of a high-speed house in which the trade name in the Incheon Gyeyang-gu Operation Dong is unknown to the front day of a “Aravia” in the same section

Summary of Evidence

1. Defendant's legal statement;

1. A report on the request for appraisal and the detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (verification of cases during suspended execution of sentence) Acts and subordinate 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. 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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation ( Taking into account the favorable conditions of sentencing among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following factors are repeatedly taken into account for sentencing);

1. The reason for sentencing under Article 62(1) and (3) of the Criminal Act, Article 59 of the Probation Act, and Article 62(1) and (3) of the Act on the Punishment, etc. of Probation, etc., was not only three times of drinking and unlicensed driving prior to the instant crime, but also one time of a suspended sentence, and the Defendant committed the instant crime even though he was under suspended sentence as before the instant crime, it is necessary to punish the Defendant.

However, the defendant is against his will.