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 November 23, 2007, the Defendant is a person who violated a summary order of 700,000 won of a fine for a crime of violation of road traffic law at the Daejeon District Court on November 23, 200, and the same court on November 3, 2016, which issued a summary order of 6 million won of a fine for the same crime at least twice.

[2] On March 22, 2017, the Defendant driven B-car under the influence of alcohol level of 0.096% in blood without a vehicle driver’s license on the road front of the Seo-gu, Seo-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) Seo-gu (Seoul Special Metropolitan City).

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, and drives a motor vehicle without a driver's license in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Details of driver's license revocation and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and the summary order of the same case, 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 alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

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 reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service were two times from around 2007 to around 2016 and three times of punishment, including the two times of fine and the suspension of indictment, due to drinking. The driving of drinking is highly likely to cause harm to the life and body of others as well as himself/herself, and thus, the criminal liability is not weak.