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] The Defendant, at the Daegu District Court on February 6, 2014, was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (driving) and a crime of violating the Road Traffic Act (non-licensed driving), and on January 18, 2017, the Defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act (driving) at the same court on January 18, 2017, and was driving under the influence of drinking more than twice.

[2] On September 14, 2017, the Defendant driven a Drocketing car under the influence of alcohol content of 0.056% in blood while under the influence of alcohol without obtaining a driver’s license from around 2km to the front road of the restaurant where it is impossible to find out the trade name located in the pentsan-do, Busan-si, Gyeongsan-do. In light of the foregoing, the Defendant driven a Drocketing car with approximately 0.056% alcohol content in blood.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license 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. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation, summary order, application of the text of the judgment, and other Acts and subordinate statutes;

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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be determined as ordered by taking into account the frequency and timing of the Defendant’s punishment for the same kind of crime, alcohol concentration in blood at the time of driving the drinking of this case, the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.