A defendant shall be punished by imprisonment for not more than ten 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 May 7, 2015, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Incheon District Court on May 7, 2015, and on November 14, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the same court on November 14, 2016.

On August 24, 2017, around 07:20, the Defendant driven B 5 vehicles under the influence of alcohol content of 0.088% while under the influence of alcohol without obtaining a driver’s license from around 4, 386-10 roads in Seocheon-gu, Incheon, Seo-gu, Incheon to the front of the 15km-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A survey report on actual condition and an accident scene photograph;

1. Written inquiry and reply;

1. Application of the Acts and subordinate statutes of the Criminal Investigation Report (former and Confirmation), and the judgment;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. In full view of the following circumstances and the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime.

[The favorable circumstances] The defendant acknowledged his mistake while making a confession of each of the crimes of this case, and the defendant's identity.