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

On September 7, 2006, the Defendant was issued a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act (driving under the influence of sound driving) at the Incheon District Court on September 7, 2006. On January 15, 2008, the Defendant issued a summary order of KRW 2.5 million by the same court on January 15, 2008. On October 17, 2014, the Defendant issued a summary order of KRW 5 million by the same court on October 17, 2014.

On September 21, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a B low-speed car under the influence of alcohol with approximately 0.087% of alcohol level 0.087%, without obtaining a driver’s license in the section of about 11km-ro 121-gil from the 20th Do in Seocheon-ro, Seo-gu, Incheon at approximately 09:05 to the 33rd-ro, Seocheon-ro, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of operation without a license;

1. Report of the start-up of a driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of the same summary order of a suspect) 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;

1. In full view of the factors of sentencing under Article 62(1) of the Criminal Act, such as the fact that the defendant had a record of having been sentenced to a fine several times due to unlicensed driving or drunk driving, etc., the defendant has no record of being sentenced to a suspended sentence or higher, and the defendant has to not drive under the influence of alcohol in the future, and the favorable factors of sentencing, such as the fact that the defendant will not drive under the influence of alcohol in the future, the sentence