A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On October 22, 2013, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of road traffic law in the Incheon District Court’s Busan District Court’s Branch Branch on December 16, 2013, and a summary order of KRW 7 million with a fine of KRW 1 million due to a violation of road traffic law (driving without a license) in the Incheon District Court’s Branch Branch on December 16, 2013, respectively.

[2] On December 27, 2017, around 19:32, the Defendant driven Dworka car under the influence of alcohol content of 0.122% in alcohol without obtaining a driver’s license from around about 4km section from the roads near Bupyeong-dong, Bupyeong-gu, Incheon to the number of Bupyeong-gu, Incheon to the front road of the 139-4 Gochi Gi Kimchi Gung-gu.

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. An accident scene photograph;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning the facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking) 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. There are extenuating circumstances that may be considered favorable to the defendant, such as the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act reflects the mistake and does not repeat the crime in the future, and that there is no record of punishment exceeding the fine up to now.

However, at the time of the detection of the instant case, the Defendant’s blood alcohol concentration was considerably high, and the occurrence of traffic accidents while driving without a license under the influence of alcohol was caused, and the driver’s license was revoked due to driving under the influence of alcohol in 2013, and the act of driving under the influence of alcohol is repeated due to the revocation of the driver’s license due to driving under the influence of alcohol in 2013.