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 May 17, 2016, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic laws (drinking driving) in the port branch of the Daegu District Court on May 17, 2016, and on May 30, 2007, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws (drinking driving) in the same court.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking), on December 22, 2017, at around 03:30, the Defendant driven BM5 car at a section of about 4 km from around 4km to the front of the drinking distance located in the same Gu-dong-dong-dong, under the influence of alcohol leveling 0.05% of the alcohol level during blood while under the influence of alcohol leveling around 03:30 on December 22, 2017 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 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. 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 (wholly considering the favorable circumstances) of the suspended execution;

1. An order to attend a lecture or to order community service order under Article 62-2 of the Criminal Act, namely, the circumstances unfavorable to the reasons for sentencing, namely, the fact that the person had been punished for drinking or non-licensed driving on several occasions, and the circumstances favorable to the crime of this case, namely, the circumstance that the person committed the crime of this case, namely, the fact that there was no record of crime exceeding the fine, the fact that there was no record of crime exceeding the fine, the fact that the numerical value of alcohol concentration in the blood transfusion of this case was not high, and other factors leading to the crime of this case, the circumstances following the crime, the defendant's age, sexual behavior, environment, etc.