A defendant shall be punished by imprisonment for four months.

except that 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 February 25, 2011, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Changwon District Court's Smuggling support on February 25, 201, and on June 29, 2011, the same court was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license). On August 22, 2013, the same court was sentenced to imprisonment of 6 months and a suspended sentence of 2 years for a violation of the Road Traffic Act (driving without a license) and became final and conclusive on the 30th of the same month.

Criminal facts

On August 7, 2013, the suspect was the driver of the cargo vehicle B, and the defendant was driving B cargo vehicle at the distance of about 10 km in front of the red middle school located in the head of the group on the same day from the Do in front of the daily resources located in the Tridong, while under the influence of alcohol by 0.215% of the blood alcohol concentration at around 14:20 on August 7, 2013.

As a result, the Defendant, who violated the prohibition on drunk driving more than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

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 (34 pages of evidence records);

1. Previous convictions indicated in judgment: Application of criminal history records, probationary records, and report on the result of dispositions, and 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;