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 February 15, 2012, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court’s House on February 15, 2012, and KRW 4 million as a fine for a violation of the Road Traffic Act (drinking) at the Pyeongtaek District Court’s House on November 7, 2014.

Although the Defendant had had the power of driving under the influence of alcohol more than twice as above, on November 9, 2015, the Defendant driven a DNA studio car without obtaining a driver’s license on around 22:20 on November 9, 2015. Under the kidy teaching bridge located in Pyeongtaek-si Seo-dong, the Defendant driven a DNA studio car with approximately 0.074% alcohol concentration in the blood 50 meters away from the 50-meter section to the same 139th road in front of the same shot-si.

As a result, the Defendant, who had driven a motor vehicle twice or more times, once again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of the Acts and subordinate statutes concerning investigation reports (related to the previous history);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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. 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. The punishment shall be determined with the mitigation of the amount of punishment after taking into account the fact that a person has no record of punishment of imprisonment without prison labor or heavier for the same kind of crime for the reason of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education, and taking into account the serious reflectivity, social relationship, etc., and the execution thereof shall

It is so decided as per Disposition for the above reasons.