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

[criminal power] On December 28, 2010, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Gwangju District Court on March 31, 201, a fine of 3 million won by the Incheon District Court on March 31, 201, and a fine of 1.5 million won by the Incheon District Court on September 18, 2012.

【Criminal Facts】

On July 2, 2014, at around 02:50, the Defendant driven a 200-meter B golf car with a blood alcohol content of at least 0.202% while under the influence of alcohol at around the Nam-gu Incheon Metropolitan City Love Hospital, Nam-gu, Incheon, with no driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, report on the request for appraisal, report on the appraisal request, report on blood alcohol appraisal, report on the detection of a drinking driver, and report on the circumstances of a drinking driving;

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

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (previous and request for summary order)-related Acts and subordinate 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 (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 not less than eight months, two years of suspended sentence, community service, 80 hours in community service, 40 hours in order to attend a lecture (limited to reasonable circumstances) or more, serious reflect (unfavorable circumstances) concentration of blood alcohol and non-licenseless driving, repeated driving of alcohol in a short period of time (refluence from 2010 to 4 times).