A defendant shall be punished by imprisonment for 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 April 1, 2010, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) at the port branch of the Daegu District Court on April 1, 2010. On October 21, 2015, the Defendant received a summary order of KRW 4 million due to the same crime in the same court.

On August 23, 2016, even though the Defendant was under the influence of alcohol two times, see from the front day of the modern apartment located in the Saemaeul-ro 2, Northern-gu, Northern-si, Mapo-ro 18, the Defendant driven B albb while under the influence of alcohol with approximately 100 meters of alcohol alcohol level 0.180% of alcohol level, without obtaining a driver's license from the front day of the modern apartment located in the Saemaeul-ro, Northern-gu, Mapo-ro.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of identical records of suspects);

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment shall be imposed on the person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation, but choice of imprisonment shall be imposed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Circumstances favorable to the defendant, such as the high drinking level, the record of punishment for a crime that includes a drinking driving, two times, and the fact that the defendant has been punished for a crime that contains a driving under the influence of alcohol and a suspended sentence on two occasions due to other types of crimes: Traffic accidents are not caused, driving distance is not relatively long, driving distance is not relatively short, and the same type of crime is committed.