A defendant shall be punished by imprisonment for 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 January 8, 2007, the defendant was sentenced to a summary order of KRW 2 million by a fine of KRW 6 million by a violation of the Road Traffic Act at the Incheon District Court on February 6, 2009, a summary order of KRW 4 million by a fine of KRW 3 million by a violation of the Road Traffic Act (driving) in the same court on February 6, 2009, a summary order of KRW 1 million by the same court on June 3, 2009, and a summary order of KRW 1 million by a fine of KRW 1 million by the same court on October 21, 2009, respectively.

On July 4, 2012, at around 23:36, the Defendant driven Crest-do car under the influence of alcohol of about 0.181% of alcohol content without obtaining a driver's license from the Do located in Yacheon-si, Yacheon-si, Yacheon-si to the front road in the Jacheon-si, Yacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Investigation report (the circumstantial report of an immigration driver);

1. On-site photographs;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports (former and report attached to the judgment) and application of Acts and subordinate statutes in one summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic 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. In light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act, even though there was a history of punishment several times due to drinking and driving without a license, it is necessary to impose a strict punishment in light of the fact that the instant crime was committed again.

However, in consideration of the fact that it is not visible to have committed the crime since 2012 until now, the fact that the defendant led to the confession and reflect of the crime, and that there is no record of the same crime above the suspension of execution.