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 September 6, 2010, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the gender support branch of the Daegu District Court. On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months and suspension of execution for the same crime in the same court.

On July 26, 2013, at around 22:09, the Defendant driven a B rocketing car with a blood alcohol content of 0.113% under the influence of alcohol without a vehicle driver’s license in a section of about 15km from front to front of the Masong-gun, Masong-gun, Masong-gun, Masong-gun, Masong-gun, Masong-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Investigation report (Attachment to the register of driver's licenses, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act such as the order of starting service and the order of attending a lecture have been punished several times as well as the defendant was punished for driving under the influence of alcohol or driving without license in the past, and the defendant was engaged in driving under the influence of alcohol without being aware of it, and the purpose of the revision of the Road Traffic Act that strengthened the punishment for driving under the influence of alcohol, it is inevitable to punish the defendant.

However, the fact that the defendant recognized his mistake and reflects his depth, the fact that the defendant gets sick and wounded, and other defendant's age, family relationship, health status, personality and behavior.