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 January 6, 2018, around 04:00, the Defendant driven a B-car under the influence of alcohol content of 0.102% in blood without a driver’s license from approximately 150 meters away from around 150 meters to the front road of “private beauty room” located in 71-hon-hon-hon-hon-ro, Nam-gu, Incheon Metropolitan City.

Summary of Evidence

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a situation unfavorable to the Defendant, such as that the Defendant driven a vehicle under the influence of alcohol level of 0.102% without a driver’s license, and the nature of the crime is not less light. The Defendant committed the crime of this case before he was issued a summary order of KRW 1.5 million by the Incheon District Court on November 17, 2017 due to a crime of violating the Road Traffic Act (drinking) at the Incheon District Court on the ground of a violation of the Road Traffic Act, and even after two months have elapsed since it was impossible for

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, the alcohol concentration level at the time of detection was not high to 0.102%, the driving distance is relatively short to 150 meters, and the driving will not be driven again.

It is hard to say that it is favorable to the defendant.

In full view of the above circumstances and all of the sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment shall be determined as ordered.