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 January 12, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on January 12, 2009, and a fine of three million won for the same crime in the Changwon District Court smuggling support on September 2, 2015.

On March 15, 2016, the Defendant, without obtaining a driver’s license for a vehicle at around 22:05, driven a vehicle B in the section of about 50 meters from the road front of the house in the Jin-gu, Jin-gu, Kimhae-si, in the influence of alcohol by 0.059% during blood, to the front day of the death in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate 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 imprisonment with prison labor chosen;

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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the defendant does not have any previous conviction exceeding a fine, the blood alcohol concentration is not high and the distance of driving is not long. The defendant is also sentenced to protection, observation and community service order along with the suspended execution of imprisonment. In addition, the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of the punishment specified in the arguments of this case, such as the circumstances after the crime, shall be considered and determined as the order.