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 September 20, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving) in the inn of the Friwon Friju on September 20, 2007. On April 25, 2008, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drawing driving without a license) on April 25, 2008. On October 24, 2008, the Defendant issued a summary order of KRW 2 million for the same crime from the inn of Friju Friju Friju on September 24, 2008. On October 30, 2014, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving) and was a person before and after non-licensed driving.

Criminal facts

On November 12, 2015, the Defendant driven a car Bp string in the section of approximately 6 km from the front side of the Giju-si house located in the Niju-si Yju-si without obtaining a driver's license in the state of alcohol content 0.245% in blood around 17:31, and from the front side of the Niju-si Yju-si to the Hiju-dong parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous conviction: Inquiry of criminal history, investigation report, application of summary order-related 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of punishment: Imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the reason for sentencing under Article 62-2 of the Criminal Act and the fact that the Defendant again led to the instant crime of the same kind despite a majority of the reasons for sentencing and the influence of driving without a license, and that the blood alcohol level is high, etc., Defendant should be placed under strict punishment.

However, the sentencing grounds prescribed in Article 51 of the Criminal Act shall be considered, such as the confession and reflect of the crime, the fact that the defendant has no record of the same kind of crime beyond the suspension of execution.