A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 15, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 4 million for the same crime at the same court on June 9, 2016.

On March 21, 2017, the Defendant driven BK5 car while under the influence of alcohol of 0.062% during blood without obtaining a driver’s license on March 21, 2017, even though he had a history of driving two or more times of drinking, and proceeded with approximately 200 meters from the roads in front of the Songdoi-ro in the Yeonsu-gu Incheon Yeonsu-gu Gaol-dong to the roads in front of the Sungjin-gu Gaol in the same Gu-dong.

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. The driver's license ledger;

1. Previous conviction: References to inquiries, investigation reports (verification twice the driving force of drinking), and the application of 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 and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Courses is that the Defendant, in spite of the same criminal history of three times, driven a motor vehicle under the influence of alcohol without a motor vehicle driver’s license, and the nature of the crime is not less than that of the instant crime. However, the fact that the Defendant did not go against other traffic-related Acts and subordinate statutes, the alcohol concentration in blood is relatively low, and the driving distance was relatively short.