A defendant shall be punished by imprisonment for not less than eight 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 November 4, 2004, the Defendant received a summary order of KRW 1,500,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act. On August 11, 2010, the Defendant received a summary order of KRW 1,50,000 from the same court as a crime of violating the Road Traffic Act (driving). On August 31, 2016, the Defendant received a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving).

On April 14, 2017, around 23:58, the Defendant driven a D window-car under the influence of alcohol content of 0.140% with alcohol content 0.140% without obtaining a driver’s license in approximately 300 meters from the front side of the “Esday Oil station” in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the Dong-dong Road.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and report on the circumstances of the driver with a driver with a driving license;

1. The driver's license ledger;

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

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 (unlicensed Driving)

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. The observation of protection and community service order, the community service order and the order to attend a lecture under Article 62-2 of the Criminal Act are disadvantageous reasons for sentencing [the fact that a person repeats the crime even though there are many persons who have been punished for driving under drinking or non-licensed driving, etc. (the fact that a person has been punished once or once by driving under drinking only in 2016)], favorable circumstances (the fact that the person has recognized and reflected the crime, the driving distance is relatively short, the fact that the driving distance is relatively short, the fact that there is no criminal history exceeding the fine, etc.).