A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On June 15, 2012, the Defendant received a summary order of KRW 1,50,000 from the Incheon District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (dacting driving), and on September 18, 2012, a fine of KRW 5 million due to a violation of the Road Traffic Act (dacting driving) at the Incheon District Court.

[2] On June 9, 2017, around 22:54, the Defendant driven a B-e-sports cargo vehicle under the influence of alcohol concentration of 0.060% without obtaining a driver's license from around 100 meters in a section of about 100 meters from the road of 543-ro, Seo-ro, Seo-ro, Incheon Gyeyang-gu, Incheon Metropolitan City, to the immediately front road of 545-ro, the main stream of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver's license and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order;

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. In light of the fact that the defendant's reason for sentencing under Article 62 (1) of the Criminal Act was two times the same power as that of the defendant, but the defendant's responsibility is less than that of re-offending.

However, the past records are not the punishment of a fine, but the degree of the crime, such as the drinking volume of this case and driving distance, and the defendant's mistake is currently divided in depth, and the defendant's age, sex, environment, motive, means and result of the crime, etc. are determined as ordered by taking into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime.