A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 13, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Incheon District Court on August 13, 2013, and on April 25, 2016, the Defendant issued a fine of KRW 6 million to the same court on the same crime, etc., and is a person with two times the record of drinking driving.

Nevertheless, on May 15, 2016, the Defendant, without obtaining a driver’s license on May 15, 2016, driven without registration and without registration, 0.120% under the influence of alcohol 0.120%, and proceeded with a section of approximately 1km from the front of the construction section of the Southerndong-gu Incheon Metropolitan City, Namdong Industrial Complex, which is located in the Southern-gu, Namdong-gu, Incheon, from the front of the road to the front road of the Incheon Cheongro-ro located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of each host driver;

1. Investigation report (Calculation of blood alcohol concentration);

1. Registers of requests for appraisal, notification on detection of unregistered earth and sand, and registers of driver's licenses;

1. Registers of driver's licenses;

1. A previous conviction: An inquiry letter, an investigation report (Attachment of a previous conviction and a summary order) and the application of Acts and subordinate statutes attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for commercial concurrent crimes (a punishment imposed on any of the crimes referred to in Articles 40 and 50 shall be imposed for any more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that he/she repents his/her mistake);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act is that the defendant is driving a motor bicycle under the influence of alcohol without a driver's license even though he/she had the same criminal records of two times due to drunk driving.