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 December 27, 2007, the Defendant was notified of a summary order of KRW 1 million by the Seoul Central District Court for a violation of the Road Traffic Act (driving). On December 8, 2010, the Defendant was notified of a summary order of KRW 2 million by the Incheon District Court for the same crime. On April 18, 2012, the same court was sentenced to a fine of KRW 5 million by a fine of KRW 5 million by a crime of violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver). On April 10, 2013, the same court was sentenced to a fine of KRW 7 million by a fine of KRW 7 million by a crime of violation of the Road Traffic Act (Refusal of measurement) and a violation of the Road Traffic Act (Free Driver’s License).

【Criminal Facts】

On December 25, 2014, at around 06:40, the Defendant driven a rash car with approximately 100 meters alcohol concentration of 0.102% under the influence of alcohol without a vehicle driver’s license from the front of the Bupyeong-gu Incheon Bupyeong-gu Office to the front road of the Incheon Bupyeong-gu Office of Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (a summary records of the same type, and attachment of judgment) and statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account the violation of the punishment and the fact that there is no past record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;