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 August 17, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court. On November 30, 2009, the Defendant issued a summary order of KRW 3 million for the same crime in the Daejeon District Court’s Incheon Branch Branch of the Daejeon District Court. On May 20, 2010, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime in the Hongsung branch of the Daejeon District Court. On December 26, 2013, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime in the Hongsung branch of the Daejeon District Court. On December 22:00, 2013, the Defendant was under the new principle of the Daejeon District Court’s Budget, from the front day of the farming line in the same military, to the front day of the National Agricultural Cooperatives in the Masan-gun branch of the Daejeon District Court without driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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. 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, such as probation, community service order, and order to attend a lecture, is that the Defendant had not been aware of and had been punished four times or more due to drinking driving since 2009. In particular, the Defendant had the record of being sentenced to suspended sentence due to driving without a license for drinking, and that the Defendant had a significant amount of blood alcohol content at the time of the instant crime.