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 March 17, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court on March 17, 2008, and on January 9, 2017, the above court issued a summary order of KRW 3 million for the same crime.

On April 28, 2017, at around 22:30, the Defendant driven a B body-man car under the influence of alcohol content of 0.066% without obtaining a driver’s license from a 50-meter section in front of a restaurant where it is impossible to know the trade name in the Kimhae-si, Kim Jong-si to the two higher roads in the same Dong.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of a violation of traffic laws (driving without a license);

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 subparag. 1 subparag. 3 of the Criminal Act for the Reduction of Small Quantity (i.e., that the Defendant was repented in depth, that the amount of alcohol concentration in blood was not high at the time of the instant case, and that there was no criminal record other than the previous conviction in the judgment, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;