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 of the final judgment.

Punishment of the crime

On September 23, 2008, the Defendant was sentenced to a suspended sentence of five months in the Incheon District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and a violation of the Road Traffic Act. On March 28, 2013, the Defendant was issued a summary order of four million won by the Incheon District Court to a fine for a violation of the Road Traffic Act at the Incheon District Court on March 28, 2013.

On August 13, 2014, the Defendant, without a driver’s license on August 23:18, 2014, driven BM3 car at approximately 4 km from the front day of the Newdong apartment in Gyeyang-gu Incheon Metropolitan City, to the front day of the Dongdong apartment in the city of Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous records: The application of criminal records, inquiry and other 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. 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 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 less than eight months, suspension of execution for two years, community service, 120 hours, and 40 hours to attend a lecture [fluent circumstances] reflects [fluoring circumstances] the repetition of drinking, repeated driving, or suspended execution for a short period;