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 of the final judgment.

Punishment of the crime

On May 17, 2012, the Defendant was issued a summary order of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on May 17, 201, and on October 25, 2013, the Defendant was issued a summary order of five million won for the same crime in the same court.

On December 4, 2013, at around 01:50, the Defendant driven a Bbenz car under the influence of alcohol with approximately 30 meters alcohol concentration 0.137% without obtaining a driver’s license from a section of about 30 meters from the roads near the Gu Community Center located in the Southern-gu Incheon Metropolitan City, to the deliberation school located in the same 468.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports (Attachment to the same type of judgment);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as community service and order to attend lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment for eight months, suspended sentence two years, community service, 120 hours, order to attend a compliance driving lecture, 40 hours, probation [fluence] the defendant's reflect [fluence], three times in a short term, high blood alcohol concentration (0.137%), and the driver's license without a license, while continuing to hold the vehicle under his/her name even though his/her driver's license was revoked on June 12, 2013, are stated in all criminal facts.