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 January 16, 2013, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Southern Branch of the Gwangju District Court on January 16, 2013, and was sentenced to a fine of KRW 2 million by the same court on July 15, 2016.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (drinking) as above, on December 11, 2016, the Defendant driven a body car under the influence of alcohol level B with approximately 0.096% of alcohol level 0.096%, without obtaining a driver’s license from the front side of the international funeral hall in the south-west, South-west, South-west, South-west, South-west, South-west, South-west, Seoul, of 19:20 on December 11, 2016 to the front side of the steel line in the East-west 228 of the same route.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on driving of each drinking, the details of crackdown on driving of the driver, and the register of driver's licenses (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a written confirmation of investigation (A), a summary order, and three copies of a summary order;

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. The Defendant committed the instant crime on the grounds of sentencing Article 62-2 of the Criminal Act, even though he/she had been punished twice due to drinking, driving without a license, etc.

Since drinking driving is a crime with a high potential risk, the defendant should be punished strictly in that he/she repeats without any awareness of a crime, but the suspended sentence shall be sentenced only once in consideration of the fact that the defendant reflects the defendant, the fact that the defendant has no record of punishment exceeding the fine, etc.