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 December 25, 2014, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and on November 13, 2015, the Defendant received a summary order of KRW 4 million from a fine for a violation of the Road Traffic Act.

On February 15, 2016, at around 22:40, the Defendant driven a B-hand car with alcohol content of about 0.090% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from approximately 150 meters from the front road of the Jin-gu, Jin-gu, Jin-si, Jin-si, Seoul, to the front road of Jin-gu located in the same Ri from the front road to the front road of the same Ri.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about reports on the detection of drivers engaged in driving, reports on the circumstances of drivers engaged in driving, and the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reporting (report accompanied by a copy of summary order);

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again commits the instant crime under an unauthorized license even though he/she had the record of being sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below.

However, the defendant repents his wrong mistake in depth and reflects it, and the alcohol concentration in blood at the time of driving the drinking of this case.