A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On August 20, 2012, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (driving alcohol) at the Changwon District Court on August 20, 201, and on September 22, 2016, issued a summary order of KRW 4 million for the same crime.

[2] Although Defendant 1 had been punished for drinking driving two or more times as above, Defendant 2 driven B low-speed car under the influence of alcohol content of 0.197% in blood without obtaining a driver’s license from the section of approximately 1km from the front of the restaurant 102, which was located in the same 55-ro, a new-style modern apartment, which was located in the front of the restaurant 55-ro 102, in around July 8, 2017, at around 10:40, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, such as criminal history, and other Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

The favorable circumstances: The confession and reflect, and the unfavorable circumstances that have no record of punishment exceeding fine: The fact that drinking driving had been punished twice but there is a record of punishment, but there is a high possibility of criticism for recidivism and high risk of recidivism.