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

On September 7, 2016, the Defendant was sentenced to a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on December 12, 2016, on February 8, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment on February 16, 2017 and became final and conclusive on February 16, 2017.

Criminal facts

On January 19, 2017, the Defendant, without obtaining a driver’s license at around 00:49, driven B-learning car from around 500 meters in the section of around 500 meters from the Hyundai Asia Model C-Lak parking lot located in the sphere of Suwon-si to the street in front of Sejong-dong, under the influence of alcohol content of 0.143% in blood during blood.

Accordingly, the Defendant, even though he violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license, while driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment on any violation of the Road Traffic Act, any violation of the Road Traffic Act, any mutual relationship between the crimes of violating the Road Traffic Act, any violation of the Road Traffic Act (unlicensed driving), and any violation of the Road Traffic Act, with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The favorable circumstances of the reason for sentencing) - The defendant committed the crime of this case without being able to reflect himself even while being tried for the same kind of crime. - The defendant committed the same kind of crime by concentrating in a short period of time, and has led to the realization of the habits of drinking.