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 June 28, 2010, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act in the Incheon District Court on June 28, 201, and a fine of 2.5 million won in the same court on March 3, 2011.

On August 25, 2013, the Defendant, who was punished twice or more for the crime of violating the Road Traffic Act, was driving a bwing-off vehicle with a blood alcohol concentration of 0.172% under the influence of alcohol without a vehicle driver’s license from the roads in front of Sincheon-dong, Incheon, Seo-gu, Incheon, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident 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., Supreme Court Decision 201Da1548, Jan. 1, 201);

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