A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal history] On February 7, 201, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), etc. on the support of Sungnam-gu Friwon on February 7, 201, and a fine of KRW 3 million for the same crime in the same court on May 27, 2013. On September 5, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for a violation of the Road Traffic Act (drinking driving), and the said judgment became final and conclusive on the 13th of the same month.

[Specific criminal facts] On August 30, 2016, the Defendant driven a vehicle B, while under the influence of alcohol content of about 0.130%, without obtaining a driver’s license, from around about 15km to the bus stops in the small and medium enterprise center located in the Dong of Suwon-si, Suwon-si, Seoul-si, Seoul-si, a small and medium enterprise center bus stops in the Dong of Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home, report on the detection of the driver at home, and record of the measurement of drinking;

1. The driver's license ledger;

1. Records of judgment: Application of an inquiry letter, such as criminal history, a report on the result of confirmation of a previous conviction before and after the disposition, and an investigation report (a summary order and attachment of judgment attached to the same type of crime);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55(1)3 of the Criminal Act [the court shall recognize an error and refuse to repeat an offense];

In addition to the records of the judgment, there are no criminal records of the same kind except for the records of the judgment, and the balance between the judgment and the case of the judgment concurrently with the crime of violating the Road Traffic Act as stated in the judgment]

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);