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

[criminal power] On July 27, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 21, 2008; KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on November 21, 2008; and KRW 5 million as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on October 17, 2012.

【Criminal Facts】

On May 14, 2014, at around 02:14, the Defendant driven B Mt Motor Vehicle without a driver's license, while under the influence of alcohol level of about 0.125% from the 7km section up to the front road of the 'Mamp Motor Vehicle', which is located in the Dong-si's moving-in of the B B Tt Motor Vehicle, in the front of the 'Mamp Road' which is located in the Dong-si's moving-in of the B B-si Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. The main sentence of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;