1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Criminal power is sentenced to a fine of KRW 5 million by the Suwon District Court on October 29, 2014, and a fine of KRW 1.5 million by the Incheon District Court on August 8, 2017, respectively.

Criminal facts

On August 8, 2018, at around 22:10, the Defendant, without a car driver’s license, driven a DNA halog car from a section of about 200 meters near the B market located in Suwon-si, Suwon-si to the same road in front of the former C, while under the influence of alcohol with a blood alcohol concentration of 0.068%.

Accordingly, the Defendant, even though he had a history of driving a motor vehicle under the influence of alcohol not less than twice, once again driven a motor vehicle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a driving under the influence of alcohol, notification of the results of the drinking control, and documentary evidence photograph;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy of summary order, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act (the scope of the applicable sentence) are as follows: (a) imprisonment of six months or more to one year and six months; (b) imprisonment of one year and six months; (c) the sentencing conditions indicated in the records, such as the defendant’s age, character and behavior, environment, motive for the crime and blood alcohol concentration; and (d) the circumstances after the crime.