A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on November 25, 2015, and a fine of KRW 5 million for the same crime at the same court on February 18, 2016.

On March 7, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on March 23:02, 2016, driven the B straw-free motor vehicle at 1 km from before the mutual infinite in the vicinity of the land depository in the Nam-gu Incheon Nam-gu, Incheon, under the influence of alcohol content of 0.158%.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries into the results of regulating driving of drinking alcohol; 1. Application of Acts and subordinate statutes of investigation report (a summary order and attachment, etc. of the previous records);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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