A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On December 29, 2008, the Defendant was issued a summary order of KRW 1 million by the Incheon District Court due to a violation of the Road Traffic Act (driving), etc., and on May 28, 2010, the Defendant was issued a fine of KRW 3 million by the Incheon District Court due to a violation of the Road Traffic Act (driving).

[2] On April 27, 2016, the Defendant: (a) driven a two-wheeled vehicle under the influence of alcohol concentration of approximately 0.158% from a section of about 300 meters from the roads of the bottled market located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, Gyeyang-gu, to the 148, Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Incheon, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report attached to such previous decisions, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;