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 becomes final and conclusive.

Punishment of the crime

On July 20, 2012, the Defendant was sentenced to a fine of KRW 2,00,000 as a crime of violation of the Road Traffic Act (drinking driving) at the source of a water source method on July 20, 2012, a fine of KRW 4,50,000 as a crime of violation of the Road Traffic Act (drinking driving) at the source of a water source method on August 22, 2012, and a fine of KRW 5,00,000 as a fine from the source of a water source method on September 19, 2012, respectively.

On February 20, 2016, at around 18:00, the Defendant driven B rocketing car at the front of the reclaimed land at the construction site located in the legal rith of the south Yong-gun, in a state of alcohol content of 0.141% under the influence of alcohol during blood without a driver’s license.

As a result, the Defendant, who has violated drinking twice or more, driven a motor vehicle without a driver's license while under the influence of alcohol.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A survey report on actual conditions;

1. The circumstantial report of the driver employed at the main place;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Previous convictions: References to inquiries, application of the text of the judgment;

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. The reason for sentencing of Article 62(1) of the Criminal Act under the suspended sentence is that the defendant again committed the instant crime even though he had been punished several times due to drinking or driving without a license, it is disadvantageous to the defendant.

However, the punishment against the defendant was determined in consideration of the defendant's age, sex, environment, conditions before and after the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, such as the fact that there is no record of punishment heavier than the suspended sentence.