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 July 25, 2007, the Defendant issued, at the Incheon District Court, a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, on December 10, 2014, a summary order of KRW 1,00,000 as a fine for a crime of violating the Road Traffic Act, and on June 14, 2016, the same court issued a summary order of KRW 6,00,000 as a fine for a crime of violating the Road Traffic Act.

On July 9, 2017, the Defendant driven a motor vehicle with a alcohol level of 0.086% at around 0.086% in the blood alcohol level, without obtaining a driver’s license, from the front of the inn water hospital located in the summer-si in the summer-dong at the same time and from around 30 meters away from the road in front of the water uniforms located in the same time, until the water hack-dong at the same time.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of the history of driving the same kind of drinking alcohol), and application of the Acts and subordinate statutes governing 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;

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. It is an unfavorable circumstance that the defendant can have the same record of fine for the reasons of sentencing under Article 62-2 of the Criminal Act, such as observation of protection and order to attend lectures and order to provide community service order.

The punishment to prevent recidivism shall be determined in consideration of the fact that the drinking volume of this case is very high and that there is no record of imprisonment without prison labor or heavier punishment.