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 September 9, 2008, the Defendant was issued a summary order of two million won for a crime of violation of the Road Traffic Act by the Incheon District Court. On December 27, 2013, the Defendant was issued a summary order of 1.5 million won for the same crime by the same court. On July 28, 2014, the Defendant was issued a summary order of five million won for the same crime by the same court.

【Criminal Facts】

On August 2, 2015, the Defendant, without obtaining a driver’s license on August 2, 2015, operated BMW car from around 4 kilometers from the parking lot of the Incheon Land Landing Operation Memorial in Yeonsu-gu Incheon Metropolitan City to the road in front of the Incheon Southern-ro 366 Jindo, without obtaining a driver’s license on blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, and investigation reports (attached to the same type criminal records) 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;

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;