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 November 4, 2013, the Defendant received a fine of KRW 2 million from the Incheon District Court due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million from the same court on November 21, 2013.

【Criminal Facts】

On August 7, 2015, at around 23:24, the Defendant: (a) was under the influence of alcohol 0.123% of the blood alcohol concentration without obtaining a driver’s license from the section of about 3 km in the south-gu, Bupyeong-gu, Incheon to the front of the 2010-ro, Nam-gu, Incheon; (b) the Defendant was under the influence of alcohol 0.123%; and (c) was driving a XG.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, the results of the control of drinking driving, and the driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., reflection of the fact and absence of any record of punishment heavier than imprisonment without prison labor);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;