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.

Criminal facts

On June 13, 2011, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving), and a summary order of KRW 1.5 million as a same crime in the same court on December 21, 2016, respectively.

On February 10, 2017, the Defendant driven a CMaz car at a section of about 100 meters in front of the road adjacent to the Hansung Power Station located in the Changwon-si's counter-dong, under the influence of alcohol level of 0.059% during a period of suspension of a driver's license at around 23:00, the Defendant driven a CMaz car at a section of about 100 meters in front of the former mid-dong 762-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Details of suspension of driver license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of force);

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 for the ordinary concurrences and the choice of 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 extenuating circumstances among the reasons for sentencing)

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act regarding the order to attend a lecture is that the defendant is able to repent and reflect his mistake in depth, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime.

On the other hand, the defendant has been punished three times due to drinking or driving without a license even before, and is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.