A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 18, 2014, the Defendant issued a summary order of a fine of KRW 8 million at the Jeju District Court for a violation of the Road Traffic Act (driving) and on May 29, 2015, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Jeju District Court on May 29, 2015, and was punished two times or more for a violation of the Road Traffic Act (driving).

On September 3, 2015, the Defendant, without obtaining a driver's license at around 00:05, driven a car in the section of about 2 km from the front of the Cnb in Jeju City to the front of the Cnb in the same city 196-1, at the same time, under the influence of alcohol level of 0.187%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking driving, and inquiry into the results of the crackdown on drinking;

1. The driver's license ledger;

1. Related photographs;

1. Previous records of judgment: Application of two Acts and subordinate statutes of two copies of criminal records, inquiry reports, investigation reports (verification of the same kind of force), and summary orders;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has been punished twice due to drinking driving in the last time, and thus, the defendant has not long been punished by a fine. In addition, in consideration of the fact that the defendant's non-license or the crime of drinking driving in this case was committed, and that the blood alcohol concentration at the time of driving was significantly high, the defendant is selected to be sentenced to imprisonment. However, the defendant has no record