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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.
Reasons
Punishment of the crime
[criminal history] The defendant is a person who has been sentenced to a fine of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in the Gyeyang-gu District Court on August 10, 2009, and a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on April 26, 2017.
[2] On March 29, 2017, under the influence of alcohol content 0.153% during blood transfusion around 23:30, the Defendant driven B rocketing car on the road front of the mutual influence store located in the Dong-dong, Dong-gu, U.S., U.S., Sinyang-si without a driver’s license.
As a result, the Defendant once or more times driven a motor vehicle without a driver's license while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. Report on the circumstances of driving without a license;
1. The driver's license ledger;
1. Previous conviction: Inquiry about criminal history and application of a copy of each summary order;
1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating 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 for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12
1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;