A defendant shall be punished by imprisonment for not less than eight 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 17, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on May 17, 2007. On February 10, 2012, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the same court.

On September 10, 2013, at around 19:40, the Defendant driven a B-to-pur motor vehicle with approximately 70 meters alcohol concentration 0.172% under the influence of alcohol without obtaining a driver’s license from a section of about 70 meters from the street front to the shooting distance front of the joint venture terminal in the same Ri located in the Maduk-gu Madropo-Eup, Seojin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A traffic accident report, traffic accident report, and evidence and photograph of the traffic accident;

1. Report on detection of a host driver, and report on the circumstantial statement of a host driver;

1. Registers and disqualified registers of driver's licenses;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant, on the ground that his license was revoked due to drunk driving, was re-licensed under the influence of alcohol, and the degree of blood alcohol concentration and the high risk of danger was very high, and the quality of the crime was not exceptionally applied.

However, the punishment shall be mitigated and the execution thereof shall be suspended in consideration of the fact that the defendant was aware of the crime of this case and reflects the error in depth, the age, family relationship, economic circumstances, and criminal records, etc. of the defendant.