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 of the final judgment.

Punishment of the crime

[criminal power] On August 29, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Incheon District Court on August 29, 2012, and seven million won for the same crime at the same court on January 23, 2014, respectively.

【Criminal Facts】

On August 28, 2014, at around 00:30, the Defendant, while under the influence of alcohol of 0.136% with blood alcohol content without obtaining a driver’s license, operated D chip XG car from around 2 km to around the 4.0km of Incheon Nam-gu, Incheon, Nam-gu, 418-gil. However, after having gone through an apartment door, the Defendant driven D chip XG car from around 2 km to the front of the 4 GS convenience store located in the Nam-gu Incheon, Nam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. On-site photographs, reports on the results of crackdown on drinking driving, circumstantial reports on drinking drivers, 112 reported details and reports on internal investigation at the time of reporting;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to summary orders of the same attached military unit);

1. Relevant Act on the crime: Article 148-2 (1) 1, Article 44 (1) (a point of sound driving), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (a point of driving without a license) concerning the crime;

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 more severe 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 of the community service order;

1. Scope of applicable sentences under Acts: Six months to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for 8 months, 2 years of suspended execution, 40 hours of order to attend a lecture [fluored circumstances] reflects [fluored circumstances] and criminal records of suspended execution or more, 4 times of drinking driving and twice of unlicensed driving from 2007 to the instant case, and prior to the discovery of the instant case.