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 of the final judgment.

Punishment of the crime

The defendant was sentenced to a fine of one million won in the Busan District Court's subsidiary branch on September 5, 2006, in the case of a violation of the Road Traffic Act (driving) around September 5, 2006, in the case of a person who was sentenced to a fine of three million won as a crime of violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch on August 12, 2009, and in the same court on August 18, 2010, five million won as a fine for a violation of the Road Traffic Act (driving).

On December 7, 2013, the Defendant, without obtaining a driver's license at around 02:03, driven a B-cub car at a distance of about 500 meters from the front side of the mutual unfit house located near the G-dong of Gyeyang-gu Incheon, Gyeyang-gu, Incheon to the front side of the 20-cubic apartment city at about 03% of the blood alcohol concentration without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the results of crackdown on drinking driving, report on the circumstantial statement of a drinking driver, consent to blood collection, request for appraisal of blood alcohol concentration, response to requests for appraisal and appraisal, and report on the detection of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries about criminal records;

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 Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act. Article 55 (1) 3 of the Criminal Act

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of applicable sentences under Acts: Imprisonment for not less than six months up to one year and six months; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspended sentence for two years, community service for eight hours, order to attend a compliance driving lecture for 40 hours (contributed circumstances) higher than the defendant's reflectivity [finite circumstances].