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

[criminal history] On June 10, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court. On August 5, 2015, the Defendant was indicted for a violation of the Road Traffic Act (drinking driving) and issued a summary order. However, on August 5, 2015, the Defendant filed a formal trial and filed a request for formal trial, on two occasions, the Defendant has experience of violating the Regulations on Prohibition of Drinking, which is currently pending trial.

[Criminal facts] On May 21, 2017, the Defendant driven a C-3 car owned by the Defendant without obtaining a driver’s license, while under the influence of alcohol leveling 0.165% of the 70m sections of the Seoul Special Metropolitan City B (Seoul Special Metropolitan City), around May 21, 2017.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A traffic accident report;

1. Statement report on the situation of the driver at the main driver, investigation report (report on the situation of the driver at the main driver), report on the detection of the driver at the main driver, and written confirmation for the measurement

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the records of crimes driving under drinking, etc.), summary order (No. 14 times a year), indictments (No. 15 times a year a year a year a year a year a year a year a year a year a year a year a year a year a year

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a sentence of imprisonment with prison labor [the Defendant already received a summary order on two occasions by drinking alcohol driving, and all of the above criminal records are relatively recent years by driving under drinking in 2015, which led to the instant crime again.