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.

Criminal facts

On April 4, 2011, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Changwon District Court, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 8, 2015, respectively.

On March 4, 2018, at around 20:30, the Defendant driven a B-house under the influence of alcohol level of about 0.170% while under the influence of alcohol level, without obtaining a driver's license, from the front day of the 149-14 road, which was located in the 1km-dong in Kimhae-si, Kimhae-si, 149-14, to the front day of the 1km-si, Kimhae-si, and without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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. 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 (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the records and arguments, including criminal records and arguments