A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 1, 2015, the Defendant received a summary order of KRW 3 million for the crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 5 million for the same crime on June 28, 2016 at the Sungnam Support of Suwon Friwon, respectively.

On June 7, 2016, at around 22:57, the Defendant driven a B-learning car under the influence of alcohol content of 0.108% without a driver's license from the front of the ‘blord-dong, Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City' to the front day of the ‘blord-gu, Seongbuk-gu, Seoul Special Metropolitan City, to the front day of the 109-ro 13rd road of the same Si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Inquiry about criminal history, and application of a copy of each summary order under statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. In light of the fact that the Defendant was punished twice by the crime of drinking alcohol driving in 2015 and 2016 under Article 62-2 of the Criminal Act, the Defendant’s reason for sentencing under Article 62-2 of the Order to Attend the lecture has to be strictly punished in light of the fact that he committed the instant crime.

However, in light of the fact that the defendant is making a confession of the crime of this case, the defendant has no record of crime other than the above two times of fine, and the defendant's age, sexual conduct, environment, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case, the punishment is imposed as ordered.