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 February 23, 2011, the Defendant was sentenced to a fine of two million won by the Incheon District Court for the crime of violation of the Road Traffic Act, a fine of four million won by the same court on January 18, 2013, and a fine of one million won by the same court on September 12, 2013, respectively.

On December 18, 2013, at around 23:53, the Defendant driven a CM5 car owned by B without obtaining a driver’s license from the EXSA parking lot located in Seo-gu Incheon Metropolitan City, Seo-gu to the 799-14 cental road, from around 30 meters to the same 799-14 cental off, while under the influence of alcohol content of 0.114%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license and report on the circumstances of driving without a license;

1. Inquiry into the result of the crackdown on drinking driving;

1. A driver's license inquiry;

1. Application of statutes to inquiries about criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the same Act concerning facts constituting a crime (the point of running a motor vehicle without obtaining a license), subparagraph 1 of Article 152, and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed for 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 ( considered as being more favorable for the reasons for sentencing following the suspension of execution):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend 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 six months, two years of suspended sentence, two hours of community service order, 80 hours of community service order, 40 hours of the order to attend a compliance driving lecture [fluence], the defendant's reflection, or the fact that there is no criminal record of a suspended sentence or heavier punishment [fluence] latest (2 times of drinking driving in year 201 and year 2013 and high blood alcohol content (0.114%).