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

[criminal history] The defendant, at the Cheongju District Court on April 25, 2008, has a record of being sentenced to a fine of KRW 700,000 to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court on July 4, 2008, a fine of KRW 2 million for the same crime at the Cheongju District Court on March 25, 2009, and a fine of KRW 600,000 for a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court on March 25, 2009, and on February 19, 2016, by the same court on February 19, 2016.

[2] On March 25, 2016, the Defendant, who did not have a valid license to drive a motor vehicle, driven a D-Adi vehicle while under the influence of alcohol leveling 0.075% in the 4km away from the 4km section near the Korean Transport University located in the Cheongwon-si, Chungcheongnam-si, to the “Cheongju Pri-dong,” located in the same Chungcheong-dong.

Accordingly, the defendant, who has been punished for a crime of violating the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol without a valid driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a response to inquiries, such as criminal history, investigation reports (prior convictions of the suspect's disposition), and minor convictions before disposition;

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. An unfavorable circumstance for sentencing under Article 62-2 of the Criminal Act: The defendant committed the instant crime even though he/she had the record of being punished several times due to drinking and driving without a license, in particular, the defendant committed the instant crime.