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 February 16, 2016, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on February 16, 2016; on March 21, 2017, the same court issued a summary order of KRW 7 million for the same crime; and on March 27, 2017, the same court issued a summary order of KRW 4 million for the same crime.

Nevertheless, on June 21, 2017, the Defendant, without obtaining a driver's license of a motor vehicle at around 21:25, driven a motor vehicle of 0.173% alcohol concentration in blood, and proceeded with a section of about 20 meters from the road front of the 320th rith Do, Incheon Gyeyang-gu, the funeral of Gyeyang-gu, 863, to the road front of the 863rd Dorith 30th Dorith 863, the old funeral.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Investigation report (to make a report D telephone conversations);

1. The driver's license ledger;

1. Previous convictions: References to inquiries, investigation reports (Attachment to records, such as the previous convictions and the summary order), summary order attached thereto, and application of respective Acts and subordinate statutes attached thereto;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

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 Protection, Observation, etc. of Social Service Order and Order to Attend the lecture is that the Defendant is under the influence of alcohol without a driver’s license even though he/she has a number of criminal records violating the Road Traffic Act, including the four same criminal records due to drinking driving.