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 October 19, 2012, the Defendant issued a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Incheon District Court on October 19, 2012, and on November 25, 2015, the Defendant issued a summary order of KRW 2 million for the same crime at the Seoul Central District Court on the same day.

Although the Defendant was punished twice or more for the crime of violating the Road Traffic Act (drinking), on May 2, 2016, at around 00:22, the Defendant driven Bone Star Car under the influence of alcohol content of 0.134% in blood without obtaining a driver's license, and proceeded with approximately 4 km from the front of the Gandong-gu Incheon, Seo-gu, Incheon, Seo-gu, to the front side of the Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notice of the result of crackdown on driving drinking;

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; 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 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 (the fact that his/her mistake is repented, etc.) of the mitigated amount;

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service and Order to Attend, even though there were a large number of criminal records, and in the instant crime under the influence of alcohol without a driver’s license, the crime is not less than the nature of the crime. However, the Defendant determined that he was erroneous that he was frighten after drinking the kind of child who proposed his job, and that he was driving a vehicle.