A defendant shall be punished by imprisonment with prison labor for up to 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 December 2, 2010, the Defendant received a summary order of KRW 2,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on December 2, 201, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on April 12, 2016, respectively.

On May 6, 2016, at around 06:33, the Defendant driven a BSP car without obtaining a driver's license in the state of alcohol alcohol concentration of approximately 0.15% from a section of about 700 meters from the front side of the Empart located in Pyeong-si, Namyang-si to the front side of the Tyang-si, Hoyang-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is a convenient means of transport. However, since the dangerous articles that can be inferred with lethal weapons are dangerous articles, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in a normal state.

In particular, drinking driving is likely to lead to large accidents by driving under the condition that the ability of care and physical exercise has been significantly deteriorated, and it may cause serious harm to unspecified persons.