A defendant shall be punished by imprisonment for not less than eight months.

except that 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 25, 2012, the Defendant received a summary order of KRW 3 million from the Incheon District Court to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 2.5 million from the same court on November 29, 201.

On September 5, 2013, the Defendant, who was punished twice or more for a violation of the Road Traffic Act (driving) and operated a vehicle B without a driver’s license, in a section of approximately one meter, where he/she tried to deduct a vehicle parked in front of a Mapo-ro restaurant located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, Incheon, from a part of approximately 1m alcohol concentration of 0.213%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work: Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that there is no previous conviction sentenced to imprisonment without prison labor or a heavier punishment, or that there is a reflective error);

1. Article 62 (1) of the Criminal Act on the suspended execution.