A defendant shall be punished by imprisonment for six 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 June 1, 2015, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court's Busan District Court's Branch, and on August 23, 2016, 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's Incheon District Court.

Although the Defendant committed the crime of violation of the Road Traffic Act at least twice, at around 22:55 on August 29, 2016, the Defendant driven a B e350-car under the influence of alcohol concentration of 0.098% without a vehicle driver’s license from the influent land to the front road of the same Si Tyang-dong Mayang-dong Mayang-dong Mayang-dong, the Defendant driven a car at around 1km without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Detailed reports on the circumstances of a drinking driver, results of regulating drinking driving, the register of driver's licenses, making an inquiry into the motor vehicle, and disposition of suspending driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiries, such as criminal records, etc., investigation reports (verification of the same kind of records), amounts of dispositions, and reports on results of confirmation;

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 execution of imprisonment with prison labor shall be suspended and an order to attend a course shall be imposed on a defendant for the reason of sentencing under Article 62-2 of the Criminal Act, considering the circumstances where the same record of drinking driving is fined twice and the risk of re-offending is posed;