A defendant shall be punished by imprisonment with prison labor for not more than ten 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

[criminal power] On February 5, 2010, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on May 28, 2010, from the Incheon District Court’s Busan District Court to a fine of KRW 4 million for a violation of the Road Traffic Act.

【Criminal Facts】

On October 5, 2016, at around 14:34, the Defendant driven BM5 car at the section of about 1km from the roads near the Yanpo-dong Yanpo-dong cafeteria to the roads near the same treatment line in the same area, without obtaining a driver's license, while under the influence of alcohol level of 0.164%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement of the circumstances and report on the detection of such a driver;

1. Notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. A written agreement;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Relevant laws concerning facts constituting an offense, and Articles 148-2 (1) 1, 44 (1) (a point of sound driving), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act which choose a penalty;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing in Article 62-2 of the Criminal Act, a person who is placed on probation, community service, or attend lectures is driving in the state of blood alcohol concentration, driving details and distance, and drinking without permission;

The sentencing conditions of Article 51 of the Criminal Act, such as the fact that traffic accidents have been paid, the fact that there are many records of punishment for the same kind of crime, and the defendant's age, character and behavior, environment, and circumstances after the crime, shall be taken into consideration, and probation, community service order and order to attend lectures shall be added with the risk of recidivism, reflectiveness and reflect.