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 November 4, 2009, the Defendant was sentenced to a suspended sentence of one year for four months by imprisonment with prison labor for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving) in the Changwon District Court's assistance on November 4, 2009. On July 14, 2010, the same court was sentenced to a fine of eight million won by a fine for a violation of the Road Traffic Act (non-exclusive license) or a violation of the Road Traffic Act (non-exclusive license).

On June 22, 2014, at around 17:35, the Defendant driven a vehicle from the parking lot in Yong-Namnam Hospital located in Chungcheongnam-si to the street near the entrance of Yong-Nam Hospital, without obtaining a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.208%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. The register of driver's licenses and the register of automobiles;

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

1. Photographs;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to judgments of the same kind of punishment);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;