A defendant shall be punished by imprisonment with prison labor for up to 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 January 22, 2010, the Defendant issued a summary order of KRW 2.5 million to a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Changwon District Court's Changwon District Court's order on January 22, 2010; on March 29, 2013, the same court issued a summary order of KRW 4 million for a violation of the Road Traffic Act; on January 30, 2015; and on January 30, 2015, the same court issued a summary order of KRW 5 million for a violation of the Road Traffic Act.

On July 11, 2016, the Defendant, without obtaining a driver’s license, driven a vehicle with approximately 2km alcohol content of about 0.072% in blood, while under the influence of alcohol, at around 0.072% in alcohol level, on the roads near the Song-gun, Chungcheongnam-gun, Chungcheongnam-gun, the south-do, in the direction of alcohol leveling up to the shooting distance near the Pyeongtaek Village located in the middle of the same area.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the circumstances of the driver driving, and the register of driver's licenses (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (formers and attachment reports of judgments), and statutes;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the Defendant had been punished for drinking or driving without a license for driving under the influence of alcohol and driving without a license for the reason of sentencing under Article 62-2 of the Social Service Order Act, the Defendant’s act of drinking or driving without a license is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against his own crime and disposes of the vehicle used for the crime of this case is favorable to the defendant.

In each of the above circumstances, the sentencing conditions shown in the records and arguments, such as the defendant's age, sex, occupation and environment, and the background of the crime in this case.