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 May 23, 2012, the Defendant was sentenced to a fine of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million by the same court on October 11, 2012, respectively.

【Criminal Facts】 On April 26, 2013, at around 23:33, the Defendant driven B K3 cars while under the influence of alcohol with a blood alcohol content of about 0.10% without obtaining a driver’s license from the Do near the hotel in Yeonsu-gu Incheon Metropolitan City from about 100 meters to the road in front of 581, Yeonsu-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking and driving, and the register of driver's licenses (1, 2);

1. Previous records: Application of criminal records, etc. and other 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Jan. 1, 201; Supreme Court Decision 201Do148, Feb

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;