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 October 21, 2009, the Defendant received a summary order of KRW 1 million from the Jung-gu District Court to a fine of KRW 3,500,000 for a violation of the Road Traffic Act (unlicensed Driving). On December 3, 2009, the Incheon District Court issued a summary order of KRW 3,50,000 for a fine of KRW 3,50,000 for a violation of the Road Traffic Act, and on May 10, 2007, the Busan District Court issued a summary order of KRW 1,00,000 for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 4, 2014, at around 00:05, the Defendant, without a car driver’s license, driven approximately 500 meters from the front of the Dongam Post Office to the front of the Incheon Bupyeong-gu 450 Dongambro-ro, Incheon, as Bone Star-ro, while under the influence of alcohol content of 0.195%, with a blood alcohol content of 0.195%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, and report on the circumstantial statement of the driver under the influence of alcohol;

1. A report on the state of driving without a license, and an inquiry about driver's license;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports, 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 the penalty of imprisonment with prison labor;

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, 80 hours, 40 hours in order to attend a compliance driving lecture [limited circumstances] or more, and there is no criminal record of suspended execution [limited circumstances] or more (the four-time detection of drunk driving) and the three-time detection of unauthorized driving.