A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On May 1, 2013, the Defendant received a summary order of KRW 3.5 million from the Incheon District Court to a fine of KRW 3.5 million for a crime of violation of the Road Traffic Act, a summary order of KRW 2.5 million from the same court on February 24, 2014, and a summary order of KRW 7 million from the same court on January 26, 2015, respectively.

On March 26, 2019, the Defendant, while under the influence of alcohol by 0.120% without a car driver’s license on March 26, 2019, driven D Poter freight vehicles from approximately 50 meters from the street in front of the non-cafeteria of the trade name in Yeonsu-gu Incheon Metropolitan City from the street in front of the training-dong to C in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, relevant case lists, and application of Acts and subordinate statutes governing summary orders;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1, 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 and 43 of the Road Traffic Act (a point of driving without a license) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant was sentenced to a summary order of a fine on three occasions due to drinking driving only after 2013; (b) the Defendant again conducted driving and driving without obtaining a license; and (c) the elements of disadvantageous sentencing, such as the fact that the blood alcohol level at the time of driving is difficult to be deemed to be low; and (d) the factors of favorable sentencing, such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc., indicated in the pleadings of the instant case.