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 March 8, 2010, the Defendant was issued a summary order of KRW 1.5 million for a violation of Road Traffic Act (drinking driving), and a summary order of KRW 3 million for the same crime at the Changwon District Court on June 14, 2016.

On January 19, 2018, the Defendant driven CM5 vehicle under the influence of alcohol level 0.136% while under the influence of alcohol level 0.136%, without obtaining a driver’s license, from around 1.4km in the middle-ri distance in the Eup, Jungwon-si, Changwon-si, and from around 1.4km to the roads before the steel of the same separation.

Therefore, even though the defendant was punished twice or more due to drinking, he again driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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. In spite of the same record of sentencing under Article 62-2 of the Criminal Act, an order to attend a lecture has repeated driving without a drinking license.

However, the sentencing conditions indicated in the records, such as the defendant's age, occupation, etc. shall be determined as ordered in consideration of the fact that the defendant's mistake is recognized and reflected, the fact that there is no other criminal history other than the above two times of fine, and the sentencing conditions