A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On August 9, 2010, the Defendant issued, at the Incheon District Court, a summary order of KRW 2 million for the crime of violation of the Road Traffic Act, and on January 15, 2016, a summary order of KRW 4 million for the same crime at the same court.

On July 21, 2016, when the Defendant was under the influence of 0.091% of blood alcohol concentration without obtaining a driver’s license even though he had a history of driving two or more times, the Defendant driven a gallon vehicle with B gallon around July 21, 2016, and proceeded with approximately 300 meters from the road near the Sung-nam Hospital located in 523-1, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to the front road of the Jinju station located in Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous conviction: Application of the results of inquiry, investigation report (Attachment of the previous and summary order attached to the suspect), and copies of the summary order attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act (Punishments imposed on any of the crimes referred to in Articles 40 and 50, the punishment of which is heavier between such crimes) of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that he/she repents his/her mistake, etc.);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Probation Act include a number of criminal records violating the Road Traffic Act, including the same criminal records on two occasions due to drunk driving, and in addition, the crime of this case where a person drives under the influence of alcohol without a driver's license is not good, but it does not lead to the violation of other traffic-related Acts and subordinate statutes.