A defendant shall be punished by imprisonment for not more than ten 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

On August 26, 2004, the Defendant was notified of a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act, a fine of KRW 5 million in the same court on October 24, 201, and a summary order of KRW 5 million in the same court on January 6, 2014, respectively.

On March 21, 2014, around 08:14, the Defendant driven B 5 vehicles under the influence of alcohol with a blood alcohol concentration of 0.075% without obtaining a driving license from around 500 meters from the Cheongdong-si to the front road of the furniture complex located in the New-si, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures is that the defendant had been punished three times due to drinking driving, but it is not good that the defendant committed the crime of this case since three months have not passed since he was punished.

However, the sentencing conditions, such as the fact that the defendant has no history of punishment of suspension of qualifications or more severe punishment, the concentration of alcohol in blood, and the control details, shall be determined as ordered in consideration of the overall sentencing conditions.