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 January 3, 2013, the Defendant was sentenced to a fine of KRW 10 million for a crime of violation of the Road Traffic Act at the Incheon District Court on January 3, 201, and was sentenced to a fine of KRW 5 million by the same court on September 13, 2010, and was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Suwon District Court on December 24, 2009.

On March 13, 2014, the Defendant was under the influence of alcohol of 0.136% in blood alcohol concentration on March 23:2, 2014, and without a driver’s license, driven a motor vehicle of Category D class III in the section of approximately one kilometer from around the parking lot of Soung-dong, Nam-gu, Incheon to the road of approximately 634, Namdong-dong, Namdong-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 drinking driver;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Responses to criminal records, etc., and application of Acts and subordinate statutes to criminal records, etc.;

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 on orders to provide community service and 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 with prison labor for eight months, suspended sentence two years, community service, 80 hours, 40 hours in order to attend a lecture [fluent circumstances] serious reflect, or the fact that there is no record of any crime above suspended execution [fluent circumstances] shall be extended six times from 203 to traffic crimes, such as drinking driving, etc.