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 December 24, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws in the Daegu District Court Port Support on December 24, 2014, and a summary order of KRW 4 million for a crime of violating road traffic laws in the same court on April 11, 2016.

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving) as above, on November 22, 2017, at around 02:05, the Defendant driven Cho-do car in a section of about 500 meters from the enzymal market in the south-gu Effal Automatic at port to the road in front of the enzymal practice place in the same Dong, under the influence of alcohol concentration of 0.104% without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report on the binding of a copy of the previous decisions);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative imprisonment with prison labor (in spite of the past record of punishment for driving under drinking or non-licensed driving on two occasions, considering the fact that the person again commits the instant crime without being taken into account);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Small Quantity (including the fact that the distance from driving is not clear, the fact that the distance from driving is not beyond the fine, the fact that there is no criminal history exceeding the fine, and the fact that the mistake is recognized and the serious reflect is taken into account);

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;