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 6, 2012, the Defendant received a summary order of KRW 1.5 million from the Incheon District Court to a fine of KRW 1.5 million as a crime of violating the Road Traffic Act, and on January 23, 2017, the Incheon District Court issued a fine of KRW 5 million as a crime of violating the Road Traffic Act.

On March 28, 2017, at around 02:20, the Defendant driven a B L-type car under the influence of alcohol content 0.121% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license in approximately 300 meters from the front of a mutually influent restaurant located in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, to the front road of the same day from around 02:24 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report, report on the situation of driving in the main place, report on the situation of driving without a license, and reference data;

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

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the defendant was punished for driving alcohol on the grounds of sentencing Article 62-2 of the Criminal Act two times, and that some of them are relatively recent, the responsibility of the defendant is not somewhat weak.

However, the above power is punished by a fine, and there is no particular criminal history for the defendant, the driving distance of this case is a short distance, the defendant's mistake in depth is currently divided, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered.