A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On November 5, 2012, the Defendant received a summary order of a fine of four million won by a fine for a violation of the Road Traffic Act at the Incheon District Court on November 5, 2012, and on March 21, 2013, the same court was sentenced to a fine of two million won by a fine for a violation of the Road Traffic Act (unlicensed Driving). The same year is applicable.

5. 2. A person who has received a summary order of a fine of four million won in the same court due to a violation of the Road Traffic Act or a violation of the Road Traffic Act, and the same year;

8.4. The same court received a summary order of a fine of seven million won or more for the same crime.

【Criminal Facts】

On November 23, 2014, at around 01:10, the Defendant driven a B Sti-R car from the mutual influenite parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu to the front road located in the same Dong with a 0.057% alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a) and Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 2, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Order to attend lectures under Article 62-2 of the Criminal Act;