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 March 2, 2015, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 2, 2015, and on April 27, 2015, issued a summary order of KRW 5 million by a fine at the Daejeon District Court on April 27, 2015.

At around 01:50 on April 11, 2015, the Defendant driven a CK3 car with a volume of 3 meters from the new village distance from the monthly public parking lot located in the Pyeongtaek-dong, Seo-gu, Seo-gu, Seoul Special Metropolitan City during the suspension period of the validity of a driver’s license (from February 27, 2015 to June 6, 2015) while under the influence of alcohol with 0.143% of alcohol content.

As a result, the defendant was punished more than twice due to drinking, and re-driving.

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. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Consideration of taking into account drinking water and driving distance which have no particular criminal record on two occasions other than the fine of the same kind for the reason of sentencing under Article 62-2 of the Criminal Act, repeated drinking driving in a short term, reflectivity, the age of family relationship, etc. of the accused;