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 May 23, 2014, the Defendant received a summary order of KRW 1.5 million from the Seoul Northern District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on December 8, 2015, a summary order of KRW 2 million for a violation of the Road Traffic Act was issued from the Suwon District Court's Ansan Branch to a fine of KRW 2 million for a violation of the Road Traffic Act.

On July 21, 2016, the Defendant driven B K5 automobiles without obtaining a driver's license under the influence of alcohol concentration of 0.132% at around 21:55 on July 21, 2016, even though he had a history of driving two or more times, and proceeded with a section of about 1 km from the north-gu Incheon Western International City Free Economic Zone Down-gu to the 127-way way in Namdong-gu Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Inquiry letters, investigation reports (Attachment of the same criminal records), and copies of summary orders attached thereto shall be applied;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act include three-time criminal records of the same kind of crime due to drunk driving, and the defendant also drives under the influence of alcohol without driver's license even though there are a number of criminal records violating the Road Traffic Act. However, the crime of this case is not good, but the defendant is not in the semi-state.