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

[criminal history] On March 11, 2016, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Cheongju District Court on March 11, 2016, and a summary order of KRW 4 million for the same crime at the same court on the same day.

[2] Around July 3, 2016, the Defendant, without a valid driver’s license to drive a motor vehicle, driven a B B B B B in the state of alcohol alcohol concentration of approximately 0.137% in a section of about 100 meters from the vicinity of the “water spawn” to the “hnel” located in the same Geum-Eup located in Geum-gu, Geum-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant, who has been punished not less than twice as a crime of violating the Road Traffic Act, was driving a motor vehicle under the influence of alcohol without a valid driver's license that can drive a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of statutes, such as inquiries into materials about crimes and criminal investigation experience, reports (report on confirmation of the same criminal records as the suspect), copies of summary order, copies of indictments, etc.;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant committed the instant crime even though he/she had been subject to two times of punishment due to drinking driving; circumstances favorable to the fact that the Defendant’s blood alcohol concentration was relatively high at the time of the instant crime: The Defendant recognized the instant crime and reflects it; and the Defendant is beyond the suspension of execution.