A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 30, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (drinking) in the support for the safe flow of water sources, and on October 18, 2010, the Incheon District Court issued a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act (drinking) at the Incheon District Court.

Although the Defendant had had a history of driving under drinking more than twice as above, around 00:20 on December 20, 2014, at around 00:20, the Defendant driven a Dhand vehicle with a alcohol content of 0.147% while under the influence of alcohol during blood without obtaining a driver’s license, and proceeded with approximately 30 meters from the shooting distance before the 284Haak-dong to the 479-6 container at the Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Inquiries about the results of crackdown on drinking driving;

1. A copy of the ledger of driver's licenses and the ledger of measuring instruments using drinking;

1. Previous convictions: References to inquiries, investigation reports (limited to the previous convictions and attachment of such judgments), judgments attached thereto, and the application of Acts and subordinate statutes of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Persons Ordering to provide community service and attend lectures, despite the fact that there are many kinds of criminal records, is very poor in the course of committing the instant crime, and the circumstance after committing the instant crime is also very poor, such as where the location of the instant crime is unknown for a long time, thereby hindering the court’s proceeding.