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

[criminal history] On June 14, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court, and on February 17, 2016, the Defendant was sentenced to a fine of KRW 10 million for the same crime, etc. at the Seoul Southern District Court on February 17, 2016.

[2] The Defendant was punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), and was driving BSP car under the influence of alcohol content 0.114%, without obtaining a driver’s license, on March 17, 2016, from the road front of the Gyeyang-gu Incheon Gyeyang Home Stacker, Incheon, to the road front of the Gyeyang-gu, Gyeyang-gu, Incheon, the direction of use (hereinafter “SP car”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification on the result of regulating drinking driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous and written judgment, etc.);

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 for mitigation of a small amount (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);

1. An order to attend a course under Article 62-2 of the Criminal Act;