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 May 31, 2012, the Defendant was issued a summary order of KRW 2,50,000 by a fine for a violation of road traffic laws (driving), etc. at the Daegu District Court on May 31, 2012, and on May 22, 2015, the same court issued a summary order of KRW 1,50,000 by a fine for a violation of road traffic laws (driving), respectively. On November 10, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for six months for a crime of violation of road traffic laws (driving), and on November 8, 2016, and was sentenced to a suspended sentence of two or more times for a violation of road traffic laws.

[2] On September 11, 2016, the Defendant, without a vehicle driver’s license around 00:55 on September 11, 2016, driven a CM7 car with approximately KRW 2.5 km in front of the Daegu Tri-gu located in the same Eup/Myeon located on the street before the Gyeongsan IC, where the alcohol level of the blood alcohol level of 0.054% is under the influence of liquor.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, two copies of the summary order, the text of the judgment, and the details of the progress of the case (No. 21, 22 of the evidence list);

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. On the grounds of protection and observation as well as the sentencing of Article 62-2 of the Social Services Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.