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

【Criminal Power】 The Defendant was sentenced to a fine of KRW 2 million by the Incheon District Court on May 21, 2009, and a fine of KRW 5 million by the same court on March 12, 2012.

【Criminal Facts of Crimes】 On August 12, 2013, at around 00:08, the Defendant driven three cargo vehicles with a blood alcohol concentration of about 0.175% while under the influence of alcohol without obtaining a driver’s license from a Puun apartment parking lot located in 182-14, Nam-gu, Incheon, Nam-gu, Incheon, to the front road, from a Fuun apartment parking lot of about 2km in the same Gu drawing to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses;

1. Previous records: Application of criminal records, etc. and other 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;