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

On May 26, 2016, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court.

On October 6, 2016, the Defendant driven a car with approximately 50m alcohol content of about 0.189% in blood while under the influence of alcohol content of 0.189% in front of real estate 48m-ro 34 o, Dong-dong, from the street in the vicinity of the Masan elementary school located in the Daejeon Sung-dong, Daejeon Seo-gu, Daejeon, Daejeon, without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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: Determination of the sentence that is sentenced to a fine for the crime of driving alcohol at a significantly high level: depending on the above circumstances, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are considered in consideration of various sentencing conditions shown in the arguments of this case, such as the following: