A defendant shall be punished by imprisonment for a term of one year and three 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

[criminal history] On August 2, 2007, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act (driving) at the Incheon District Court, and was sentenced to a fine of two million won for the same crime in the same court on December 5, 2011.

[Criminal facts]

1. Although the Defendant violated Article 44(1) of the Road Traffic Act at least twice, on October 18, 2016, at around 22:25, the Defendant driven a C-wing and Corning vehicle under the influence of alcohol content of approximately 0.156% at a distance of about 500 meters from the roads in front of a mutually influent restaurant located in Seo-gu Incheon Metropolitan City, Seo-gu to the 1st high-priced road located in the same Dong located on the same day.

2016 order 8281

2. Although the Defendant violated Article 44(1)(d) of the Road Traffic Act more than twice, on January 18, 2017, the Defendant driven a C-wing vehicle with a 0.114% alcohol concentration in the blood alcohol content without a vehicle driver’s license from around 100 meters to around 22:00 on the same day from the front of a cafeteria located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seo-gu to the mar traffic front road located in the same day.

(2017 High Order 1969) Summary of evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving under drinking;

1. Report on the circumstances of driving without a license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal suspect's previous convictions);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant provisions of the Act, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (referring to driving without a license);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act due to a driving of alcohol or a non-licenseed driving, and a punishment imposed on a violation of the Road Traffic Act due to a driving of heavy drinking);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing is more favorable.