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

On December 27, 2012, the Defendant received a summary order of KRW 8 million from the Incheon District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking driving), and on October 1, 2015, the Incheon District Court received a summary order of KRW 5 million from a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking driving).

On December 16, 2016, the Defendant driven B car under the influence of alcohol content of 0.061% in alcohol without obtaining a driver’s license from around 300 meters at a distance of about 6:00 meters from the 6nd of the Sincheon-si, Busan Special Metropolitan City, to the 213nd of the same Sin-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal suspect's previous convictions);

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 suspension of execution (the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the Act: The defendant's history of punishment due to drinking is more favorable than twice: The defendant recognizes each of the crimes of this case and reflects his depth; there is no record of punishment exceeding the fine; drinking is not high; the defendant's age, sexual behavior, environment, means and consequence of the crime; and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, etc., shall be determined as the disposition.