A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 17, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating road traffic law (driving), and a fine of KRW 3 million for the same crime in the same court on April 14, 2015, respectively.

On February 9, 2016, the Defendant driven a B-hand car under the influence of alcohol content of at least 0.096% while under the influence of alcohol without obtaining a driver’s license from around 1km section from the front of a mutually influent restaurant in the name, French-gu, Daegu-gun, Daegu-gu, to the front of the welfare center in the Yanwon-si, the Daegu-gun, Seowon-gu, the Seoul-gu.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol in violation of Article 44(1).

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. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation by the prosecution (a copy of the judgment, etc.);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant, even though he/she had the history of driving drinking at several times, driving again under the influence of drinking and without a license, and thus the nature of the crime is not weak. However, the defendant does not have any record of the confession of the crime of this case, nor of the punishment heavier than the fine due to drinking driving, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime.