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

[criminal history] On May 10, 2016, the Defendant was issued a summary order of a fine of KRW 1.5 million to a person who violated the Road Traffic Act in the Daegu District Court Kimcheon-cheon on the ground of a violation of the Road Traffic Act, and on July 13, 2009, the Defendant was issued a summary order of KRW 3 million to the same crime in the same court at least twice.

[2] On July 2, 2017, at around 04:45, the Defendant driven a car in body B, while under the influence of alcohol of about 1 0.141% of alcohol content in blood without a vehicle driver’s license, from the front road of the KAF club in the Gu-si, Nowon-si, Seoul, to the front road of the KAF branch in the same city-dong.

Therefore, although the defendant had a record of driving a drinking vehicle more than twice, he again driven the vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses and detailed statements of revocation of driver's licenses;

1. A report on internal investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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. The reason for sentencing under Article 62-2 of the Criminal Act includes: (a) the Defendant committed the instant crime even though his previous offense of violation of traffic laws was committed four times due to drinking, driving without a license, refusing to measure drinking, etc.; (b) driving of drinking alcohol brings about harm to the life and body of others as well as his/her driver; and (c) there is a need to strictly punish him/her; and (d) there is a need to do so.