A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the prosecution against the violation of the Road Traffic Act is dismissed.

Punishment of the crime

On December 5, 2011, the Defendant was issued a fine of KRW 5 million at the Incheon District Court on the grounds of a violation of the Road Traffic Act ( sound driving), and on January 16, 2012, the Incheon District Court issued a fine of KRW 3.5 million on the grounds of a violation of the Road Traffic Act (driving), and on August 22, 2012, the Defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 22, 2012, and was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 15, 2013, and completed the execution of the said sentence on September 13, 2013.

As above, the Defendant was punished twice or more for a violation of the Road Traffic Act (driving) and operated B Eccoo vehicle from approximately 2.3km to B in the section of about 2.3km from the front of the apartment in the Nam-gu Incheon Nam-gu 10-ro, Nam-gu, Incheon, under the influence of alcohol concentration of 0.14% without obtaining a driver's license on September 28, 2014, when he was under the influence of alcohol level of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. A drinking output paper;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (Attachment to the suspect's previous records, written judgments, etc.), investigation reports (report on confirmation of the fact that a suspect is detained) and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning criminal facts, 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. The Defendant’s reason for sentencing Article 35 of the Criminal Act among repeated offenders reflects his mistake; the Defendant, including being subject to juvenile protective disposition due to drinking driving, driving without a license, etc., committed a fine of KRW 5 million from 2011 to 2013; a fine of KRW 3.5 million; a suspended sentence of imprisonment for one year; and a suspended sentence of imprisonment for three years; and a sentence for six months.