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.

[criminal history] The defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Incheon District Court on August 31, 2009, and a fine of one million won for the same crime at the same court on August 29, 2013, respectively. On April 16, 2014, the defendant was sentenced to a suspended sentence of one year for six months for the same crime at the same court.

[Criminal facts] The Defendant is a person engaging in driving a B B-S car.

On November 8, 2017, around 01:07, the Defendant driven the said car under the influence of alcohol of 0.096% in blood without obtaining a driver’s license from the section of approximately 1km from the street in the vicinity of the department store to the front of the presidential school in Bupyeong-gu, Incheon to the end of the 115-ro, Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the situation of the driver at the main place, photographs, a license ledger, and an investigation report (No. 9 categories of evidence);

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act provides that the defendant has three times the period of punishment for drinking alcohol driving for the reason of sentencing, and one of them is punished as a suspended sentence, and the defendant has recently been punished for driving without a license, and a traffic accident occurred in the course of the instant case, the defendant's responsibility is not exceptionally imposed.

However, the past records of the punishment for suspended execution are not the past, but the other records are the records of fines, and the degree of the crime is not much serious, such as the drinking volume of this case, and the defendant has already divided his mistake into depth.