A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 30, 2015, the Defendant received a summary order of a fine of three million won for a crime of violating road traffic laws at the Seoul Central District Court, and on October 14, 2016, the Defendant received a summary order of two million won for the same crime from the Seosan Branch of the Daejeon District Court.

On December 3, 2016, at around 21:07, the Defendant driven B B B B in the state of under the influence of alcohol content of 0.088% while under the influence of alcohol without a driver’s license, from around 30km-si to the front road located in the Dong-dong Highway Incheon-dong Highway located in Young-gu, Young-gu to the front road of 46.4km-dong Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs, such as a survey report on actual condition, an accident vehicle, etc., report on the circumstances of the driver's license, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution ( favorable circumstances among the reasons for sentencing) - The defendant has the record of having been punished for the same kind of crime several times. The defendant, despite having been punished by a fine on October 2016 for the same crime, was committed again for about two months without any reflective mind. - The risk of traffic accidents has increased, such as receiving the central separation stand for driving without a license for drinking alcohol, etc. favorable circumstances - the defendant recognizes all criminal facts. - The defendant has the record of having been sentenced to a fine exceeding the same crime until now.