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 this judgment becomes final and conclusive.

Punishment of the crime

On May 9, 2013, the Defendant received a summary order of 1.5 million won from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving). On December 13, 2013, the Defendant received a summary order of 2 million won from the Incheon District Court to a fine for a violation of the Road Traffic Act (driving).

On November 19, 2013, at around 22:33, the Defendant driven B 130 vehicles under the influence of alcohol content 0.136% while under the influence of alcohol, without obtaining a driver’s license from around 70 meters in a section of approximately 70 meters away from the front line of the 2nd class of the 2nd class of the 2nd class in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to inquiry reports on criminal records, etc., investigation reports (a copy, etc. of the summary order), and prosecution reports;

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, a period of 40 hours in the compliance driving lecture [fluoral circumstances] defendant's reflect [fluoral circumstances], two times in the short term, high blood alcohol concentration (0.136%), and non-licenseed driving.