A defendant shall be punished by imprisonment for six 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

On November 25, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court, and a summary order of KRW 5 million for the same crime at the same court on May 13, 2015.

On July 5, 2016, the Defendant driven BK7 car under the influence of alcohol level of 0.160% in blood without obtaining a driver's license on July 5, 2016, even though he had a history of driving two or more times as above, and proceeded with approximately 1 km from the front day of the Incheon Southern-dong CGV Incheon, Nam-gu, Incheon to the front day of the 91-19, Namdong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of 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 (including cases where he/she repents his/her mistake late, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Republic of Korea is that the Defendant is under the influence of driving without a driver's license even though he had a number of identical criminal records of driving under drinking or without a driver's license, and the crime of this case is not good. However, the Defendant returned the vehicle under the name of the Defendant who was left to his relative during the above period after the disqualified period for a driver's license related to the same crime, and did not request a substitute driver even though he did not request a substitute driver.