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.

Criminal facts

On March 2, 2009, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking), and on August 9, 2010, a summary order of KRW 3 million was issued by the Changwon District Court to a fine of KRW 4 million due to a crime of violating the Road Traffic Act (drinking).

On March 29, 2018, the Defendant, without obtaining a driver’s license of a motor vehicle around 22:30 on March 29, 2018, driven B Poter Cargo Vehicles with approximately 0.104% alcohol concentration in blood at the 1km section of approximately 1km from the parking lot front of a Incheon passenger terminal located in the Yecheon-gu, Seoul Metropolitan City to the road front of the 3-1rd-ro, middle-ro, 23 in the beginning of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, etc., about 13165 Gowon District Court 2010 Gowon District Court and about 495 Gowon District Court 2009 Gowon District Court;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the fact that the defendant has been punished for drinking or driving without a license even before is disadvantageous to the defendant.

In addition, the method and result of the instant crime are as follows: (a) comprehensively taking into account the circumstances after the instant crime; (b) the Defendant’s age, sexual conduct; and (c) intelligence and environment; and (d) various conditions of sentencing as shown in the records and arguments.