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 9, 2010, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, on July 28, 2015.

On June 4, 2016, the Defendant did not obtain a driver’s license for a motor vehicle at around 23:50 on June 4, 2016, and in the state of under the influence of 0.091% alcohol during blood, the new cooperation in the same Ri from the roads in front of the mutual influence in the Jin-gu, Jin-gu, Jin-si, Kim Young-si, Kim Young-si, driven B New Airport at approximately 100 meters from the front road of the driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of the driver involved in driving, making a report on detection of the driver involved in driving, and making inquiries about the results of regulating drinking;

1. The driver's license ledger (A);

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

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime under an unauthorized license even though he/she had the record of being sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below.

However, there are favorable reasons for sentencing, such as the fact that the defendant repents and reflects his mistake in depth, that the amount of alcohol concentration during blood at the time of driving the drinking of this case remains at the level of license suspension, that the defendant has no record of being punished for the same kind of crime, and that the defendant has no record of being sentenced to a suspended sentence or higher for the same crime, and that he is motive for committing the crime