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

[criminal history] On February 7, 2012, the Defendant received a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving), and on April 2, 2013, the Seoul Central District Court received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on April 6, 2017, the Seoul Western District Court sentenced the Defendant to imprisonment of KRW 6 months for a crime of violating the Road Traffic Act (drinking driving) and the said judgment became final and conclusive on April 14, 2017.

[2] On February 12, 2017, at around 22:17, the Defendant driven a DW car under the influence of alcohol of about 0.118% while under the influence of alcohol without obtaining a driver’s license from a distance of about 36 km from around 16-15, a 302-ro, Jung-gu, Incheon, Jung-gu, Incheon, to front of the bathing beach of 16-15, to the apartment age of 36km.

Summary of Evidence

1. Statement by the defendant in court;

1. The report of each traffic accident, on-site photographs, the statement report on the circumstances of the driver's license, and the driver's license ledger (Evidence List 10 No.);

1. Previous convictions in judgment: The application of the defendant's legal statement, inquiry letter, investigation report, and other Acts and subordinate statutes;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being punished for drinking or driving without a license, and the contents and circumstances of the crime are not good, such as committing the final judgment before the crime and leading to the second re-offending, etc., the defendant's responsibility

However, most of the past power is punished by a fine, and it is not relatively recent, and the crime of this case is prior to the final judgment.