A defendant shall be punished by imprisonment for not less than eight 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 January 27, 2010, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (driving) in the Busan District Court’s Busan District Court’s Branch on January 27, 2010, and was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Incheon District Court’s Branch Branch on September 25, 2012.

As above, the Defendant, who was punished twice or more for the crime of violating the Road Traffic Act, was driving a Cho-do car under the influence of alcohol concentration of about 0.128% without a vehicle driver’s license from the front side of a restaurant where it is impossible to know the trade name from the from 23:30 on October 2, 2013 to the 12nd day of the Bupyeong-gu Incheon Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment reports to the judgment of the same kind);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 53 or 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution.