A defendant shall be punished by imprisonment for one year.

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 24, 2008, the Defendant was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act in the Incheon District Court on June 24, 2008, and a fine of KRW 7 million for a violation of the Road Traffic Act in the Seoul Northern District Court on June 1, 2012, and was sentenced to a fine of KRW 5 million by the Seoul Northern District Court on June 1, 201, and is a holder of the same kind of crime.

On September 28, 2012, at around 18:10, the Defendant driven a motor vehicle with hurburged without obtaining a driving license in front of 111-82, Nam-gu, Incheon, Nam-gu, Incheon, and the blood alcohol concentration of 0.141% while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Written statements of D;

1. A written proposal from an employer, and a written report on the status of the employer-employed driver;

1. Registers of driver's licenses;

1. Making inquiries into the enemy and mandatory insurance;

1. Investigation into criminal records, investigation into criminal records, investigation into disposition, report on results, application of a copy of judgment, and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, Article 43 (a) of the Road Traffic Act concerning criminal facts, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (a punishment provided for in the crimes of violation of the Road Traffic Act without a license).

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the sum of the punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act and the long-term punishments of each of the above crimes among the concurrent crimes: Provided, That the lowest sentence shall be determined by the punishment determined for the violation of the Road Traffic Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment with prison labor for a period from one year to four years.