A defendant shall be punished by imprisonment for six 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

On September 22, 2016, around 22:29, the Defendant driven a B-car under the influence of alcohol level of 0.122% without a driver’s license, from around approximately 2 km section from the front of a mutually influent restaurant located in the Seoyang-gu Seoyang-gu Incheon Metropolitan City to the front day of the same chemical stop zone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the reporting on the state of driving without a license, the reporting on the state of driving without a license, and the control of drinking driving;

1. Relevant provisions of Article 148-2 (2) 2, and Article 48 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the defendant, from 2005, was the second drinking and the fourth unlicensed driving.

Blood alcohol concentration is not low.

However, there are no criminal records of the same kind, which are against the defendant and punished beyond the fine.

In addition, the sentencing conditions identified in the records of this case, such as the age, character and conduct, family relationship, driving distance, etc. of the defendant, shall be determined as per the order in consideration of the two kinds of sentencing conditions.