A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On December 28, 2017, the Defendant was issued a summary order of KRW 3 million by the Incheon District Court for a violation of the Road Traffic Act (driving driving), and on May 4, 2018, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime.

[Criminal facts] On April 7, 2018, the Defendant driven the DMW vehicle under the influence of alcohol content 0.157% while under the influence of alcohol while driving the DM vehicle, without a driver’s license, from the roads on which the Gyeyang-gu Incheon Gyeyang-gu Incheon Gyeyang-gu Busan Metropolitan City Man-ro 326 Western-ro, Bupyeong-gu, Incheon, to the end of the 326 Western feed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, drives a vehicle under the influence of alcohol without a driver's license, and the quality of the crime is not somewhat weak. The amount of alcohol concentration at the time of detection exceeds 0.157%, and driving of alcohol is a high risk of causing harm to another person's life, body, etc., and thus, it is necessary to strictly punish the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, there is no past record of criminal punishment exceeding the fine due to the same crime, and there is human and material damage while driving alcohol.