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 July 23, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic law (drinking driving) in the Gwangju District Court’s support for interest promotion, and on September 26, 2013, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic law (drinking driving) in the Gwangju District Court’s support for interest promotion.

[2] On February 18, 2016, the Defendant, who violated the provision on prohibition of driving under the influence of alcohol two or more occasions, driven Bpoter II cargo at around 0.107% of alcohol level without a vehicle driver’s license in the front side of the same Eup/Myeon located within the same 90m section from the front side of the Jinjin-gun, Jinjin-gun, Jinjin-gun, Seoul, to the front side of the same Eup/Myeon located in the same Gun as the same Eup/Myeon road.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the situations of driving at driving at drinking, inquiry of the results of crackdown on driving at drinking, inquiry of driver's license, statement report on the circumstances of drivers at drinking, and notification of completion of correction;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes on investigation reports (fix of copies of summary orders);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) 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 suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a corresponding punishment in light of the fact that the defendant again committed the instant crime even though he/she had a record of punishment for the same kind of crime several times.

However, it is advantageous to the defendant, such as the fact that the defendant's mistake is recognized, and there is no record of punishment heavier than suspended execution for the same crime until now.