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 March 26, 2015, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on March 26, 2015, and a fine of three million won as a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on July 15, 2016.

On May 11, 2017, at around 02:07, the Defendant operated a C Mac-cr cruise cruise car owned by the Defendant under the influence of alcohol 0.058% alcohol concentration in blood without a driver’s license from around approximately 6km to the distance from around 90,000, Seo-gu, Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the same kind of force);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant does not drive again the defendant, under the circumstances that the defendant committed the crime of this case even though he had been punished three times or more due to drinking driving.

The same punishment as the order shall be determined in consideration of the fact that his/her mistake, such as taking off, is closely against his/her own mistake, and there is no past record of punishment exceeding a fine.