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

[2] On April 15, 2005, the Defendant issued a summary order of KRW 500,000 to the Changwon District Court for a violation of the Road Traffic Act (driving). On January 28, 2013, the same court issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act (driving), and on May 2, 2016, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (driving under Drinking).

[2] On November 06, 2016, the Defendant driven a C Span-type car at a distance of about 2 km from the Busan Dong-gu's hot spring neighboring road to the same 2-km road without obtaining a driver's license for a motor vehicle on November 06, 2016 to 0.150% of alcohol concentration in blood.

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 inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

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. Aggravation of concurrent crimes as provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (to the extent that the punishment is added up to the maximum of the long-term punishments of each crime above the punishment determined for a violation of Road Traffic Act with heavier punishment);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. Although there was a history of three times of criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of this case was committed in the state of repeated drinking. However, there is no record of criminal punishment exceeding a fine since June 2009, and other factors, such as the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc., are considered comprehensively and determined as ordered.