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 October 26, 2015, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Gwangju District Court’s net support on October 26, 2015. On May 24, 2016, the Defendant was driving a motor vehicle while under the influence of alcohol and escaped from a traffic accident. On November 9, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for the said court for the same offense, etc. and the judgment became final and conclusive on November 17, 2016.

On September 29, 2016, at around 16:55, the Defendant driven a C Ssprink vehicle under the influence of alcohol content of 0.139% while under the influence of alcohol without obtaining a driver’s license from the front of the Defendant’s residence located in B at the same time, which was located in the same time, from around 5 km-dong 5 km-dong.

As a result, the Defendant, who had a driving record of drinking not less than twice, driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same kind), summary order, application of statutes of the judgment, and text;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 responsibility is heavy in that the instant crime was committed once again, since the reason for the protection and observation and the sentencing of Article 62-2 of the Social Service Order Act was the same criminal records of the Defendant, in particular, as well as six months have not passed since the Defendant was subject to investigation by drinking driving.

However, there is a need to consider the circumstances in which the defendant was driving at the time of the case, and the order is made by taking account of equity when the judgment is judged simultaneously with the crime for which the judgment became final and conclusive.