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 January 24, 2017, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon, and on March 15, 2017, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon support on March 15, 2017.

Although the Defendant had been punished for driving alcohol more than twice as above, around June 18, 2017, the Defendant driven CMW X5 car under the influence of alcohol with approximately 0.108% alcohol concentration in blood without obtaining a driver’s license from the road adjacent to viewing of the Gu-Si, Si-Sari-dong, Si-si, Si-Sari-si, Seoul, to the front road of the Gu-Si, Si-Sari-dong, Si-Sari-dong, Si-si, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant committed the instant crime at the same time while his/her license was revoked due to driving under drinking; and (b) the Defendant was driving under the third drinking only in 2017 due to driving under drinking of this case; and (c) the Defendant is deemed not to have committed a second offense, such as recognizing the Defendant’s mistake and disposing of vehicles, etc.

The fact that there is no criminal conviction or more than a suspended sentence for the defendant, etc. are considered as favorable circumstances, and the records and changes of this case, such as the defendant's age, sex, environment, motive, means and result of the crime of this case, etc., are shown in the records and changes theory.