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 August 21, 2007, the Defendant received a summary order of a fine of one million won or more due to a violation of road traffic law (driving alcohol) in the Changwon District Court's smuggling support on August 21, 2007, and a summary order of 1.5 million won or more due to the same crime in the Changwon District Court's smuggling support on June 5, 2008.

On February 21, 2016, the Defendant driven a DNA-type car under the influence of alcohol leveling 0.156% without obtaining a driver’s license from the distance of about five meters near a road in the C bath in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, considering the fact that the defendant's mistake is divided, the driving distance is not long, the defendant is also sentenced to protection observation and community service order along with the suspension of the execution of imprisonment with prison labor, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means