A defendant shall be punished by imprisonment for one year.

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

【Power of crime】 On June 3, 2008, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Incheon District Court, and on May 16, 2012, a summary order of KRW 4 million for the same crime at least twice by the same court, respectively, and violated Article 44(1) of the Road Traffic Act.

【Criminal fact-finding on June 6, 2017, the Defendant driven a B car with alcohol content of about 100 meters from the road near the Bupyeong-gu Incheon Bupyeong-gu, Incheon, to the road front of the same 45 square meters in the same funeral route, without obtaining a driver’s license, while under the influence of alcohol level of about 0.130% from the 100-meter section to the road front of the same funeral route.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. License register;

1. Previous convictions in judgment: Investigation report (Attachment of the same criminal records and the summary order), and application of the Acts and subordinate statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act, the punishment of which is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after crime, on the grounds of sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service, and order to attend a lecture, shall be determined as ordered.

D. Unfavorable circumstances: The Defendant needs to strictly punish the instant crime even if he/she was punished three times due to drinking driving, and one time due to driving without a license.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.