A defendant shall be punished by imprisonment for six 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 July 26, 2010, the Defendant issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on July 26, 2010, and a summary order of KRW 5 million by a fine at the Incheon District Court on June 11, 2013.

On December 11, 2013, at around 23:59, the Defendant driven a B-wing truck with approximately 20 meters of alcohol content 0.072% under the influence of alcohol without a vehicle driver’s license, from the front of Korea and Art, located in the Nam-gu Incheon Metropolitan City, Dong-gu, Incheon to the road of 1461, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statements of the driver under the influence of alcohol;

1. A report on the circumstances of driving without a license and an inquiry about driver's license;

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 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 heavier 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;

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: Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents on October 11, 2004, other than those stated in six months of imprisonment, two years of suspended sentence, 40 hours of the order to attend a compliance driving lecture [fluence], Defendant’s reflectiveness, the relatively low blood alcohol content (0.072%) of the instant case, and the suspended sentence or higher criminal records [fluent circumstances], three times of drinking driving skills and unlicensed driving, and all criminal records.