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 December 30, 2013, at the Incheon District Court, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act; on April 20, 2015, at the Incheon District Court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act; on July 29, 2016, the Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, at around 01:36 March 27, 2018, the Defendant driven the E-benz car under the influence of alcohol with a blood alcohol concentration of 0.077% without obtaining a driver’s license from the front side of Yeonsu-gu Incheon Metropolitan City B through Yeonsu-gu C, and from around 500 meters from the front road to D.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of statutes, such as criminal records and copies of written judgments;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Finally, the execution of a sentence shall be suspended in consideration of the fact that the amount of drinking alcohol is not high, the amount of drinking alcohol is against it, etc., even though there are many occasions of punishment for drinking alcohol punishment);

1. Probation and community service order under Article 62-2 of the Criminal Act;