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

[criminal power] On December 31, 2013, the Defendant received a fine of KRW 1.5 million from the Incheon District Court as a crime of violation of the Road Traffic Act (driving) and a fine of KRW 2 million from the Incheon District Court’s Vice Branch on April 3, 2014, respectively.

【Criminal Facts】

On June 7, 2014, at around 01:38, the Defendant driven B vehicles under the influence of alcohol content of about 0.101% without obtaining a driving license from the section of about 2 km up to 13 Samsung Madle, the same Gu, which is a control point in front of the Nam-gu Incheon Metropolitan City Water Station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the status of driving under drinking, and report on the circumstantial statement of a driver under driving under drinking;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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

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 heavier 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 extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

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 not less than eight months, suspension of execution for two years, and 40 hours (short circumstances) of an order to attend a lecture; repeated drinking and non-licenseed driving within a short period of time;