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

On October 10, 201, the Defendant was issued a summary order of a fine of two million won or more for a violation of the Road Traffic Act in the Incheon District Court’s Branch Branch on October 10, 201. On December 20, 2011, the Defendant was issued a summary order of a fine of one million won or more for the same crime in the same court on December 20, 201, and on February 8, 2012, the Defendant was sentenced to a suspended sentence of six months or more for the same crime and was sentenced to a suspended sentence of two years or more for drinking driving.

On April 28, 2014, at around 20:51, the Defendant driven a Crocketing car with approximately 500 meters alcohol level 0.101% under the influence of alcohol level 0.101%, without obtaining a driver’s license, from the front of the Mari-si 42, a Mari-si Mari-si, to the front of the Mari-si 167 at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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 (including a stay of execution), which provides three times for drunk driving, three times without a license, and which provides for the same vehicle as at the time when the suspended sentence was rendered in 2012 and re-driving without license. However, a strict punishment should be imposed in consideration of the following: (a) the confession and reflect of the crime; (b) the confession and support of the wife and the three children who are students; and (c) it appears that they are detained for a certain period and have an opportunity of reflect; (c) the execution of the last sentence shall be suspended, but probation, etc. shall be added to prevent recidivism;

1. Probation, order to provide community service and attend lectures;