A defendant shall be punished by imprisonment for not less than eight 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 12, 2013, the Defendant is a person who violated Article 44(1) of the Road Traffic Act twice by issuing a summary order of a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on February 12, 2013, and by issuing a fine of six million won for the same crime at the same court on January 24, 2018.

[2] On January 29, 2018, around 02:11, 201, the Defendant driven a Dice-type car with alcohol content of about 0.12% while under the influence of alcohol without obtaining a driver’s license from a section of about 300 meters from around 126, 37:0,000 to the same funeral.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver who is placed in the main place, investigation report, and notification of the results of regulating the driving of drinking;

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on the results of confirmation of undisposition previous convictions, and application of Acts and subordinate statutes of investigation reports (No. 15 times a net time);

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. 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. The grounds for sentencing under Article 62-2 of the Criminal Code of the Order to Attend education and the Order of Community Service have the record of being sentenced to a fine twice due to the Defendant’s violation of the Road Traffic Act (driving) around February 2, 2013 and around January 2018 (the Defendant’s blood alcohol concentration at that time is 0.170%, 0.20%). The Defendant was locked while driving alcohol, and the police officers reported 112 moved to the Defendant. Meanwhile, the Defendant violated the instant crime. Meanwhile, the Defendant’s blood content (0.12%) and driving distance, and other Defendant’s age, sex, environment, motive, circumstance, means and method of each of the instant crimes, and circumstances after the instant crime, etc.