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 January 15, 2010, the Defendant received a fine of KRW 2 million as a crime of violation of road traffic law (drinking driving) at the Seoul Central District Court on January 15, 2010, KRW 4 million as a crime of violation of road traffic law (drinking driving) at the Incheon District Court on January 2, 2014, and KRW 8 million as a fine at the Incheon District Court on April 1, 2016 as a crime of violation of road traffic law (drinking driving).

[2] On June 25, 2016, at around 00:15, the Defendant driven a motor vehicle under the influence of alcohol level of 0.078% during blood while under the influence of alcohol level of 0.078%, without obtaining a motor vehicle driver's license in the section of approximately 100 meters from the modern land distance to the main soil of the same Gu to the tricheon apartment of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Report on the circumstances of driving without a license, the ledger of driver's licenses, etc.;

1. Previous convictions in judgment: References to inquiries, such as criminal history, (A) and application of Acts and subordinate statutes to criminal reports (Attachment to the same type of crimes);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating 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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant had a record of criminal punishment of 17 times of sentencing under Article 62-2 of the Criminal Act, and the Defendant again committed the instant crime by driving under drinking or without a license even though he/she had a record of criminal punishment on three occasions due to driving of drinking, and two times due to driving without a license, including the previous conviction of the judgment. In particular, the Defendant was punished on two occasions after his/her driver’s license was revoked on January 2, 2014.