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 June 10, 201, the Defendant was sentenced to a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on June 10, 201, and a fine of 6 million won due to a violation of the Road Traffic Act (driving) at the Suwon District Court on June 20, 2013, and on April 25, 201, the Defendant was prosecuted to the Suwon District Court on April 25, 201, and is currently pending in the appellate trial (2014No3815).

As above, the Defendant who violated Article 44(1) of the Road Traffic Act at least twice, and was in violation of Article 44(1) of the Road Traffic Act around 19:30 on May 10, 2014, and was in violation of Article 1193-9 of the Bao-gu 1193-9

In the state of being drunk by 0.057% of blood alcohol concentration without obtaining a driver's license in front of the CM restaurant, CM3 car was driven about 10 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Disqualifications of the main office;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to indictments for related cases, etc.);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Jan. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;