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 September 21, 201, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act by the Incheon District Court on September 21, 201, and on July 23, 201, the Defendant was issued a summary order of 5 million won for a violation of the Road Traffic Act at the Suwon District Court on July 23, 201, and was in violation of Article 44 (1) of the Road Traffic Act on more than two occasions.

On August 2, 2015, at around 12:10, the Defendant entered the indictment in the agricultural and fishery products market in which the blood alcohol concentration was 0.221% under the influence of alcohol without obtaining a driver’s license, as “C”, which is the Defendant’s residence. However, according to the records and the Defendant’s statement, the indictment appears to be erroneous.

BMW car was operated from approximately 1 Km section to the front road of the Enden-Bady Hospital in the same road.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, replys to a reply, summary order, application of statutes; and

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. Article 53 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined like the order, taking into consideration the various circumstances, which serve as a condition for sentencing, such as the fact that the defendant reflects the sentencing of Article 62-2 of the Criminal Act, the fact that the defendant is two previous convictions (including one previous convictions of suspension of execution), the fact that the blood alcohol content is very high, driving circumstances and driving distance, health conditions, home conditions, etc.