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 June 29, 2009, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on December 1, 2014, a fine of KRW 4,00,00 as a violation of the Road Traffic Act (driving) by the same court.

On May 26, 2016, around 03:32, the Defendant driven a motor vehicle with B low-speed while under the influence of alcohol content of 0.112%, without obtaining a driver’s license from a section of about 100 meters from the front side of the same Gu’s route to the front side of the Gu’s route, in the Jin-gu, Changwon-si, Jin-si, Seoul Special Metropolitan City.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of drinking, inquiry of the results of crackdown on drinking driving, and notification of the completion of correction;

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 (the same type of force);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had the record of having been punished for a violation of traffic laws on roads more than once, as stated in the facts constituting the crime in the judgment, even though he/she was sentenced to a fine for a violation of traffic laws on roads, as well as the record of the crime in the judgment below.

However, the defendant's mistake.