A defendant shall be punished by imprisonment for not more than ten 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 December 10, 2012, the Defendant was notified of a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Daegu District Court on December 10, 2012, and was sentenced to a fine of KRW 6 million at the Incheon District Court on February 9, 2017, and was sentenced to a fine of KRW 6 million at least twice.

Nevertheless, at around 23:30 on October 25, 2017, the Defendant driven a horse-type car under the influence of alcohol content of 0.125% without a vehicle driver's license at a section of approximately 500 meters from the three-distance road in the Incheon Gyeyang-gu, Incheon Gyeyang-gu, to the front road in the 126 Gyeyang-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a criminal suspect, such as a previous conviction, summary order, and copy of the judgment);

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. Under the circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the protection and observation, the community service order, the order to provide community service, and the order to attend a lecture [the fact that a person has been punished twice by the same type of crime (in the case of the crime of traffic accident resulting from driving under drinking, a person has been punished by a fine of KRW 6 million in February 2017 and has been punished by the fine of KRW 6 million)], the circumstances favorable to him (in the short term, a person has committed a crime, and there is no record of crime exceeding the amount of punishment by driving without a license or fine). Otherwise, the drinking volume of the instant case, the interval between the previous punishment records, the driving distance, the age of the accused, the criminal sex, the circumstances and motive leading to the crime, and the circumstances after the crime.