A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (drinking driving), and on April 28, 2010, the above court issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (dacting driving), and on September 22, 2009, the above court issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (dacting driving), and on February 14, 2007, at the Incheon District Court issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act (dacting driving).

Although the Defendant had had a history of driving alcohol more than twice as above, on December 30, 2015, the Defendant driven a Dsan-type car without obtaining a driver’s license on December 30, 2015, while under the influence of alcohol content of 0.179% during blood, and proceeded with approximately 3 km from the place of the French-dong in Incheon Metropolitan City to the road of 1286-15 ahead of the same Gu monthly-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. The driver's license ledger;

1. Current state and result photograph of the formulation before measuring the self-breath alcohol consumption;

1. Previous convictions: References to inquiries, investigation reports (Attachment to the rulings attached to the same kind of power), judgments attached thereto, and application of Acts and subordinate statutes of the summary order;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment provided for in the crimes above, and the crimes of violating the Road Traffic Act which are more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The Defendant’s reasons for sentencing under Article 62-2(1) of the Social Service Order Act, Article 59 of the Act on the Observation, etc. of Protection, etc., have a large number of same criminal records, in addition, when he/she committed the instant crime.