A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Punishment of the crime

[criminal power] On February 7, 2007, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act at the Busan District Court on February 7, 2007, and was sentenced to a fine of 5 million won by the Incheon District Court on February 17, 2014.

【Criminal Facts】

On August 10, 2014, at around 04:37, the Defendant driven a B-hand vehicle with a blood alcohol concentration of 0.140% under the influence of alcohol without obtaining a driver’s license from around 1.4km to around 837-4 meters from the front of the Seo-gu Incheon Metropolitan Cheongdong National Bank.

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. Registers of driver's licenses and investigation reports (verification of the distance from a suspect's drinking/unlicensed driving);

1. Previous records of judgment: Application of criminal history records, investigation reports, and 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. 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 on orders to provide community service and attend lectures;

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 not more than ten months, suspended sentence for three years, community service, 120 hours, 40 hours in order to attend a lecture [limited circumstances] social, family ties clearly, serious reflectivity, and violation of the Road Traffic Act, which have no particular criminal records (incompetence circumstances], repeated drinking driving and diving inside vehicles on roads within a short period of time;