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

On September 5, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on September 5, 201, and a summary order of KRW 4 million for the same crime at the same court on September 22, 2015.

On April 8, 2017, the Defendant driven a B Twork XG car under the influence of approximately 0.092% of alcohol concentration in blood without a driver’s license on April 8, 2017, even though he had a history of driving a drinking not less than twice as above, and proceeded with approximately 5 km from the Yeonsu-dong Incheon Yeonsu-dong Do to the roads in front of the 351 literature IC, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, reports on criminal investigations, and copies of summary orders attached thereto; and

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (unlicensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (the fact that his/her mistake is repented, etc.) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following extenuating circumstances in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend the Course is that the Defendant driven a motor vehicle under the influence of alcohol without a driver's license even though he/she had the same criminal history of several times, and the nature of the crime is not less than that of the instant crime. However, the Defendant did not proceed to violate other traffic-related Acts and subordinate statutes, and the blood alcohol concentration was relatively low, and the Defendant’s age, sex, environment, and the Defendant’s misunderstanding of his/her mistake.