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 power] On April 29, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Incheon District Court on April 29, 2015, and was sentenced to a fine of five million won by the same court on August 10, 2015.

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act twice, at around September 23, 2016, the Defendant driven BNS vehicles under the influence of alcohol concentration of about 0.065% without the driver’s license in approximately 2km section from the front of the New Seo-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to the roads in front of the Seocheon Incheon, Seocheon-do, Seocheon-do, Incheon to the roads in front of the Seocheon Incheon Island.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (attached to summary orders of the same kind of power);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( Taking into account that there exists no record of punishment heavier than imprisonment without prison labor for the same kind of crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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