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 record] On July 11, 2007, the Defendant was sentenced to a fine of 1.5 million won by the Incheon District Court for a violation of the Road Traffic Act (driving) and a fine of 4 million won by the same court on January 9, 2013, respectively.

[Criminal Facts] Around 22:12 on April 2, 2014, the Defendant driven B automobiles over about 100 meters around the same road near the Madong-dong Port, Seo-gu, Incheon, on the roads near the Madong-dong Port, with a blood alcohol concentration of 0.095% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and inquiry into the results of crackdown on drinking driving;

1. Report on circumstances of driving without a license and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records and results confirmation reports, and the application of 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: Imprisonment with prison labor for eight months, a stay of execution for two years, and an order to attend a lecture for 40 hours (limited to reasonable circumstances) and no record of crime exceeding a stay of execution for a short period of time (unfair circumstances); repeated drinking driving within a short period of time; and five times the record of crimes