A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 15, 2015, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking) and a fine of KRW 2 million as a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on July 11, 2016.

[2] On July 14, 2017, at around 22:35, the Defendant driven a B-car under the influence of alcohol of 0.102% of alcohol concentration in blood without obtaining a driver’s license from a section of approximately 6km from the front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the Seocheon-gu, Seocheon-gu, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver's license and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

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. 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 defendant's reason for sentencing under Article 62-2 of the Criminal Act is a relatively recent punishment for driving under drinking, and the defendant's responsibility is not weak in light of the fact that he/she commits a second offense even though he/she was punished for driving without a license.

However, the past records are punishable by a fine, and the defendant is currently breaking his mistake in depth, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are determined by taking into account various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime.