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 of the final judgment.

Punishment of the crime

On March 9, 2010, the Defendant was sentenced to a fine of seven million won by the Incheon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) and a violation of the Road Traffic Act, and a fine of five million won by the same court on June 18, 2013, and a fine of five million won by a violation of the Road Traffic Act.

On December 5, 2013, the Defendant driven B automobiles at a road section of about 50 meters located in the Nam-gu, Incheon Metropolitan City 1461, while under the influence of alcohol 0.072% without obtaining a driver's license on December 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a drinking driver, a report on the results of crackdown on drinking driving, and a report on the circumstances of drinking driving;

1. Report on the circumstances of driving without a license, and inquiry into the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (former and attachment of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for six months, a stay of execution for two years, an order to attend a compliance driving lecture for forty hours (shorted circumstances) or more, and a majority of the years of non-license and drinking driving;