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 record] On November 25, 2009, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Incheon District Court, and on November 27, 2013, the same court issued a summary order of KRW 4 million for the same crime. On March 27, 2015, the same court issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (unlicensed Driving).

【Criminal Facts】

On March 17, 2015, the Defendant was under the influence of alcohol of 0.104% with blood alcohol concentration around 00:00, and without obtaining a driver’s license, driven a vehicle with low alcohol level from approximately 1 km to the front road of the iron zone from the 384-ro, Bupyeong-gu, Incheon, Bupyeong-gu, to the 384-ro, the head of Dong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking alcohol driving, the report on the actual state of drinking drivers, and electronic documents;

1. Report on the situation of operation without a license;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records (A), reports on the results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (attached to the same type criminal records);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered to reflect in depth on criminal conduct);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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