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 December 18, 2008, the defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving without a license) at the Youngju District Court's Yeongdeungpo-dong branch on December 18, 2008; on October 1, 2010, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving without a license); on February 1, 2012, the same court issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving without a license).

On June 16, 2012, at around 21:30, the Defendant driven B-be cargo vehicles under the influence of alcohol with approximately 2 km alcohol concentration of 0.147% without a driver’s license, from a section of approximately 2 km from the front of credit gas in the Design Ri of Young-dong, Young-gu, Chungcheongnam-gu, Chungcheongnam-do to the front of the Dong Tax Office located in the same Eup calculated Ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A written appraisal of blood alcohol;

1. Registers of driver's licenses;

1. Previous for judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to a summary order of the same criminal records of a suspect), and application of Acts and subordinate statutes of the summary order;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 of the Criminal Act for discretionary mitigation (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the Defendant, even though he had a large number of criminal records of the same kind, drive under the influence of alcohol without a driver's license, and the responsibility for such crime is heavy

However, the defendant's mistake is recognized and against himself;