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 July 18, 2017, the Defendant was punished by a fine of three million won for a violation of road traffic laws (drinking driving) at the Incheon District Court on July 18, 2017, and the same

8. A person who has violated the provisions concerning prohibition of drinking alcohol driving on not less than two occasions by receiving a summary order of a fine of three million won in the same court due to a violation of traffic law at the same time.

Nevertheless, on September 24, 2017, the Defendant, at around 23:15, driven a motor vehicle from the front side of the Bupyeong-gu Incheon Seosan-dong to the front side of the Incheon Seo-ro 93 U.S. from approximately 300 meters away from the section of approximately 300 meters to the front side of the Incheon Seo-ro 93 U.S. Elementary School, without a driver's license, while under the influence of alcohol concentration of 0.15% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection, report on the circumstances of driving without obtaining a license, report on the circumstances of the driver with the primary driver, and the driver's license ledger;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a copy of an investigation report (Attachment to a summary order), and application of Acts and subordinate statutes reporting the past conviction in disposition and the results thereof;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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 suspended execution;

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act, even though he/she was punished twice due to drinking alcohol driving, the defendant's responsibility is less than that of the defendant, in light of the fact that he/she commits a second offense

However, the past records are punished by a fine, and there is no particular criminal history for the defendant, the defendant is cherbly divided into his/her own mistake, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by the order, taking into account the following factors.