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 February 12, 2015, the Defendant received a summary order of KRW 2 million from the Incheon District Court to a fine of KRW 1 million for a crime of violation of the Road Traffic Act. On August 19, 2015, the Incheon District Court issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2015, at around 04:21, the Defendant driven D(K) 3 automobiles with blood alcohol concentration 0.121% under the influence of alcohol without obtaining a driver’s license from the front of the “C” restaurant located in Yeonsu-gu Incheon Metropolitan City, Incheon to the front of the Dong Office Building.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Inquiry into the driver's license ledger;

1. Previous convictions indicated in judgment: Application of criminal history records, reply reports (A), investigation reports (not before disposition and confirmation) Acts and subordinate statutes;

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 Competition;

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 the fact that it reflects the depth of criminal conduct and that it has no record of criminal punishment exceeding the fine);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)

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