A defendant shall be punished by imprisonment for not more than ten 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 January 24, 2018, the Defendant was issued a summary order of KRW 1,50,000 by the Incheon District Court for a crime of violating the Road Traffic Act (drinking driving), and on June 7, 2018, the Incheon District Court issued a summary order of KRW 4 million due to a crime of violating the Road Traffic Act (drinking driving).

[2] On May 29, 2018, under the influence of alcohol content 0.145% in blood around 09:3, the Defendant driven a CMW 528i car at the section of approximately 50 meters, 50 meters in the south-gu, Incheon, Nam-gu, Seoul, without a driver’s license, from 40 Do to 13-18, a 50-lane in front of the above south-gu, Nam-gu, Seoul, Seoul, without a driver’s license.

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 result of regulating drinking driving;

1. The driver's license ledger;

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

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 suspended execution;

1. The crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the defendant, in which the defendant, who had been already punished twice or more due to drinking driving, drives a vehicle under the influence of alcohol without a driver's license, is not less vulnerable to the nature of the crime of this case as a matter of driving the vehicle under the influence of alcohol without being aware of the nature of the crime, and is going to criminal procedure for the same preceding case, and the degree of alcohol concentration among bloods at the time of detection reaches 0.145%.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake, there is no past record of criminal punishment exceeding the fine due to the same crime, and driving of drinking.