The Defendant, at the Incheon District Court on December 15, 2016, sentenced on the ground that “the Defendant was driving on May 11, 2016,” to one year of imprisonment for a violation of the Road Traffic Act (driving) and was sentenced to two years of suspension on December 23, 2016, and the judgment became final and conclusive on December 23, 2016, and is currently under suspension of execution.” On December 21, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act (driving on May 8, 2016) and is currently under suspension of the appellate trial.

Although the Defendant had had a history of driving under drinking more than twice as above, around 15:02 on November 05, 2016, the Defendant driven a rocketing car with a alcohol content of 0.335% while under the influence of alcohol during blood without obtaining a driver’s license on November 15, 2016, and proceeded with a distance of about 50 meters from the front of the modern US Hospital, which is located in the 503rd Soloro-ro, Nam-gu, Incheon, to the 37-way road, the same direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous conviction: A reply to inquiry, a report on investigation (a confirmation before and after a suspect's drinking alcohol driving) and the text of the judgment attached thereto, and the application of this Act and subordinate statutes to search and output of the case

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [the period between the above crime and the first head on which the judgment becomes final and conclusive and the violation of Road Traffic Act in the judgment of the court];

1. The reasons for sentencing under Articles 53 and 55(1)3 (a) of the Criminal Act (i.e., the misunderstanding of one’s own misconduct) are as follows: (a) the Defendant is bound by mental stress due to the delay in construction works in which he/she was involved and the economic burden increases.