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 November 27, 2009, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine for a violation of the Road Traffic Act, and on June 18, 2014, the Defendant was sentenced to a fine of KRW 6 million for a violation of the Road Traffic Act from the Suwon District Court as a crime of violating the Road Traffic Act.

On September 29, 2017, around 00:0, the Defendant driven a DNA-learning car under the influence of alcohol content of 0.085% while under the influence of alcohol without obtaining a driver's license from around 5km-dong, Incheon, Seo-gu, Incheon, to the long-distance road of the route hospital located in the Dong-gu, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report, copy of the report stating the circumstances of the driver's license and copy of the driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a copy of a summary order, and an investigation report (No. 11 of evidence list);

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 had the same record as the defendant for the reason of sentencing under Article 62-2 of the Criminal Act and some of them have been punished as a suspended sentence, but the defendant was recently punished for driving without a license, etc., the defendant's responsibility is not exceptionally applied.

However, most of the past records, including the suspended sentence, have long been subject to punishment as a fine, and the recent records of punishment have been subject to punishment as a fine. The drinking volume of this case is relatively high, the defendant is currently divided in depth and disposes of the vehicle, and the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions shown in the arguments of this case, such as age, sex, environment, motive, means and consequence of the crime.