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

On May 13, 2011, the Defendant was punished by a fine of two million won by a violation of the Road Traffic Act (driving) at the Incheon District Court on May 13, 201, and the same court on December 26 of the same year issued a summary order of three million won by a fine of three million won by a violation of the Road Traffic Act (driving).

On September 12, 2013, at around 10:15, the Defendant driven a Cwing-III truck with a blood alcohol content of about 0.14% under the influence of alcohol without obtaining a driver’s license from a section of about 900 meters in front of the Yaman apartment located in the Nam-gu Incheon Metropolitan City, Nam-gu to the road located in front of the 23th of the same Gu monthly-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Previous records of judgment: Application of criminal records, investigation reports (in cases of attachment reports, such as a copy of summary order of the same kind of power), 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 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;

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: The fact that there is no criminal record over a suspended sentence of eight months, a suspended sentence of two years, or an order to attend a lecture [fluence] that there is any history of punishment for a fine of three million won or more due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, and a violation of the Road Traffic Act;