A defendant shall be punished by imprisonment for six 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 December 24, 2008, the Defendant was issued a summary order of 1.5 million won by violating the Road Traffic Act (drinking driving) by the Incheon District Court on December 24, 2008, and on December 23, 2013, the Defendant was issued a summary order of 2 million won by the Incheon District Court on December 23, 2013.

[Criminal facts]

1. On August 25, 2015, the Defendant violated the Road Traffic Act (divated driving) driving a Do-type truck under the influence of alcohol content of approximately 0.079% in the section of about 2km from the front of a main point where it is impossible to identify the trade name located in the daily movement of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu to the front of the same water zone located in the same 2km away from the front of the road.

Accordingly, even though the Defendant was punished twice or more due to drinking, the Defendant was driving under the influence of alcohol again as above.

2. Around August 25, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the 2km section from the front of a main point where it is impossible to identify the trade name in the Bupyeong-gu Incheon Bupyeong-gu, Incheon without a driver’s license, to the front of the road to the same 2km away from the front of the same road to the same 2km road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking, a report on the circumstances of driving without a license, an inquiry about the results of regulating drinking, and an inquiry about driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment to summary orders);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of a small amount (i.e., reflective points, and absence of any record of punishment for imprisonment without prison labor or heavier for the last ten years);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;