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

On June 10, 2016, the Defendant driven CSS63 AMG car with a alcohol content of 0.122% while under the influence of alcohol without obtaining a driver’s license on June 10, 2016, and proceeded with approximately 20 meters prior to the “E” restaurant located in the Bupyeong-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant, including four-time criminal records due to drinking driving, is very poor in the course of committing the instant crime under the influence of alcohol without a driver’s license even though the Defendant had a large number of criminal records of violation of the Road Traffic Act, including the 4-time criminal records due to driving under the influence of alcohol. However, the Defendant was sentenced to punishment by taking into account all the circumstances of sentencing, including the Defendant’s age, sex, environment, family relationship, etc., after the parent’s death and her 49th day of his/her father’s death, and her her son and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her own her her her her