A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On December 8, 2015, the Defendant received a summary order of a fine of four million won or more due to a violation of the Road Traffic Act (drinking driving), and a summary order of 2.5 million won or more due to a crime of violating the Road Traffic Act (drinking driving) in the same court on December 7, 2016, respectively.

On April 5, 2017, the Defendant driven a Gpoter II cargo vehicle with approximately KRW 7 meters 0.113% alcohol concentration while under the influence of alcohol without obtaining a driver's license on the front of the Suwon-si Suwon-si F, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by H;

1. A traffic accident report, a report on the circumstances of the driver with the main driver, a case-related photograph, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 (the point of driving without a license) of the Road Traffic Act concerning the facts constituting an offense, and the selection of imprisonment with prison labor;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) - The defendant has been subject to punishment several times for the same crime, and in particular, the defendant has concentrated on the records of the same crime from 2015. The favorable circumstances - the defendant recognizes all the criminal facts. - The defendant has no record of having been sentenced to a fine exceeding the fine until now. - The defendant’s blood alcohol concentration should be taken into account in each of the above circumstances. The sentence is ordered in consideration of all the kinds of sentencing conditions revealed in the trial process.