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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 9, 2015, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on September 9, 2015, and a fine of one million won for the same crime at the Seoul Southern District Court on December 18, 2012.

On April 22, 2016, at around 23:48, the Defendant driven a B B B-type car without a driver’s license in the state of alcohol alcohol concentration of about 10 meters from the 10-meter section to the road adjacent to the Songcheon-si, Macheon-si, Macheon-si, Macheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the report on the situation of drinking driving, and the statement of the situation;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (electric records of punishment for drunk driving not less than twice);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving may lead to large accidents by driving under a state where the ability to exercise due diligence and physical exercise has been significantly deteriorated, and it is highly dangerous as it may cause serious harm to unspecified persons.

However, there is no record of punishment exceeding a fine due to the same kind of crime, and the defendant's age, character and behavior, environment, motive, means and result of the crime, and circumstances after the crime are committed.