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 May 19, 201, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic laws at the Ulsan District Court on May 19, 201, and was issued a summary order of KRW 4 million for the same crime at the Changwon District Court on July 15, 2013.

On October 7, 2015, Defendant 1, who had a drinking record twice or more as above, driven a Dsch Rexroth car with approximately 500 meters alcohol concentration at around 0.156% while under the influence of alcohol without a vehicle driver’s license from the front side of a restaurant where the trade name near the Dong University Hospital located in Sejong-si on October 7, 2015 is unknown to the front side of a kindergarten affiliated with the Dong University.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger (A);

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

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 imprisonment with prison labor chosen;

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment of the court below, and that the amount of alcohol concentration in blood at the time of driving the instant drinking is very high, etc., which are disadvantageous to the Defendant.

However, the fact that the defendant has been divided and reflected in depth, and that the defendant has no record of punishment heavier than that of suspension of execution.