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 January 13, 2011, the Defendant is a person with the record of being notified of a summary order of a fine of KRW 1.5 million for the same crime in the Changwon District Court's Changwon District Court's Changwon Branch's Changwon Branch's Chang Branch's branch on April 29, 201, and a fine of KRW 3 million for the same offense.

On December 16, 2015, the Defendant was under the influence of alcohol level of 0.118% in blood without obtaining a driver’s license for a motor vehicle on December 16, 2015, and was driving B Mart motor vehicle from approximately 500 meters in the section of approximately 500 meters in front of a mutually influent restaurant located in the Gyeongcheon-gun, Gyeong-gun, Gyeong-gun, Lee Chang-gun to the front road of the Yan elementary school located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that the defendant's mistake is divided, the defendant's protection, observation and community service order together with the suspended sentence of imprisonment, and the defendant's age, sex and environment, motive, means and result of the crime, etc.