A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 20, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), etc. at the Cheongju District Court. On September 23, 2016, the Defendant was charged with a fine of KRW 3 million for the same crime at the Busan District Court.

On November 2, 2016, the Defendant, without a driver’s license, driven a car with C highest typ in a section of about 500 meters from the front day of the head of the Si/Gun/Gu in Busan Si/Gu, to the front day of the Taedong-gu, Pack-gu in the same Dong, while under the influence of alcohol content of 0.123% of alcohol during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written inquiry about the result of regulating drinking driving;

1. The driver's license ledger;

1. Each investigation report (No. 12, No. 13)

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, reporting on the results of confirmation of the previous convictions, and applying Acts and subordinate statutes to investigation reports (where the previous convictions

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154-2 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 favorable circumstances):

1. The reason for sentencing under Article 62(1)(the following favorable circumstances) of the Act on the Suspension of Execution has the record of driving alcohol twice the reason for sentencing, and the period of the last drinking driving has not elapsed since the date of the last drinking driving, and the crime of this case has been committed at the same time and at the same time when three months have not passed since it was committed, and it is not good to commit the crime by attempting to conceal the crime, but it is not good to recognize and reflect the mistake, and there is no record of criminal punishment exceeding the fine for the same crime, the defendant's age, sex, environment, circumstances leading to the crime, and the circumstances after the crime shall be determined as the sentence of this case by comprehensively considering the following factors.