A defendant shall be punished by imprisonment for six 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

On September 17, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court, and on August 5, 2016, the Defendant was issued a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court Branch Branch Branch Branch of the Incheon District Court on August 5, 2016.

On April 4, 2017, at around 23:00, the Defendant driven a ETrac vehicle without a driver's license while under the influence of alcohol concentration of about 0.171% in blood from around 300 meters to the front road of the Defendant’s house located in Seo-gu Incheon Metropolitan City, Seo-gu, to the front road of the D Kindergarten located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver in charge of drinking and notification of the result of regulating drinking driving;

1. Data for inquiry (the driver's license ledger and net 8);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order);

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. To comprehensively consider all the circumstances, such as the Defendant’s age, sex, environment, background and motive leading up to a crime, and circumstances leading up to a crime, etc., which are revealed in the instant case, such as the circumstance unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act (the same type of crime committed again despite the fact that two times of punishment was imposed, drinking level is high), favorable circumstances (the fact that the crime is recognized and reflected, and there is no other criminal records except the punishment imposed twice due to drinking driving, and driving distance is relatively short, etc.) and other circumstances, such as the Defendant’s age, sex, behavior, environment, circumstances leading to a crime, and motive leading to a crime, etc.