A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On March 22, 2010, the Defendant issued a summary order of KRW 1.5 million to the Changwon District Court for a crime of violation of the Road Traffic Act; on June 28, 2010, a summary order of KRW 4 million for a crime of violation of the Road Traffic Act; on October 4, 2010, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act; on May 16, 2013, the same court was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act (driving) and became final and conclusive on May 24, 2013.

On May 7, 2013, the Defendant, without obtaining a driver’s license at around 00:40 on May 7, 2013, operated a Cmaz passenger car at the section of about 10 meters from the front side of the Jinhae-gu Seoul Special Metropolitan City 0.134% of the blood alcohol concentration.

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. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to the defendant's legal statement, criminal history records, inquiry report, previous records of disposition, results of confirmation, investigation report (former records and attachment report of judgment);

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. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes of each subparagraph and each subparagraph of Article 39 of the Road Traffic Act (the crimes of each subparagraph and each subparagraph of Article 39 (1) of the same Act) of the same Act for the treatment of concurrent crimes

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. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter the following sentencing) is that the defendant has committed a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license).