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 November 4, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Daegu District Court and racing support on November 4, 2008, and on January 25, 2016, the same court issued a summary order of KRW 5 million for the same crime, etc.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, on January 4, 2018, the Defendant driven a B-learning car at a section of about 500 meters from the front of the main point where it is impossible to find out the trade name in the south-gu upstream at the port without obtaining a driver’s license of around 21:10, while under the influence of alcohol at around 0.143% during blood, from the front of the main point where it is impossible to find out the trade name in the south-gu upstream at the port without obtaining a driver’s license of around 21:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation reports (Attachment of judgment on driving under influence of alcohol);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative imprisonment with prison labor (it takes into account the fact that the person committed the instant crime without weight even though he/she had been punished on several occasions due to drinking driving or non-licensed driving, and that the blood alcohol concentration is considerably high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (the circumstances include the fact that there is no record of crime exceeding a fine, the fact that there is no record of crime exceeding a fine, and the fact that a mistake is recognized and a serious reflect is given);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

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