A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 7, 2014, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) from the Seogu District Court Branch, and on July 4, 2016, the same court received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (drinking driving).

On August 5, 2017, at around 01:50, the Defendant driven B 130 automobiles while under the influence of alcohol leveling 0.174% while under the influence of alcohol leveling from approximately 800 meters to the front road of the Hadm wave located in the main road of the Seogu Seo-gu, Seogu, Daegu, Seo-gu, Seoul, without a driver’s license.

Therefore, even though the Defendant violated the prohibition of drinking driving regulations at least twice, the Defendant again driven a car while under influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Making teas;

1. Previous records: Application of inquiry, inquiry, investigation report (Attachment to the previous decisions) and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The reason for sentencing under Article 62(1) of the Criminal Act, even though the Defendant was punished several times due to drinking alcohol driving, there is a need to strictly punish the Defendant as he/she once again renders the instant drinking and driving without a license.

However, in consideration of all the circumstances, such as the fact that the defendant's mistake and reflects, that the defendant has not been punished by the suspension of execution or more, and that there is no criminal history.