A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 16, 2015, the defendant issued a summary order of two million won for a violation of the Road Traffic Act at a military education general military court on February 16, 2015, and a summary order of three million won for a violation of the Road Traffic Act at the Changwon District Court on April 1, 2016.

On June 6, 2016, the Defendant, without obtaining a driver’s license at around 21:20, driven C QM3 motor vehicles at a section of about 500 meters in front of the order-based 9-1 heading road in front of the 48-1 heading Dongjin-gu, the recycling center located in the Changwon-si, in the condition of drinking 0.12% of blood alcohol concentration without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the situation of a drinking driver, a report on the entry of a drinking driver, and a notice of the completion of correction;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports (a copy of summary order);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant of the reason for sentencing under Article 62-2 of the Criminal Act is the reason for sentencing unfavorable to the defendant, even though he had been sentenced to a fine for the crime of violation of the Road Traffic Act on two occasions within the last three years, as stated in the facts constituting the crime in the judgment of the court below, again commits the crime of this case without a license. The blood alcohol concentration level at the time of driving under the same case reaches the level of revocation of a license.

However, the defendant does not repeat the same kind of crime, such as transferring the vehicle of this case to another person, and the defendant.