A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On July 23, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s branch on July 23, 2009, and a summary order of KRW 3 million for the same crime at the same court on October 27, 2014.

[Criminal facts] On March 18, 2017, the Defendant driven B-cracking car under the influence of alcohol content of 0.104% while under the influence of alcohol without obtaining a driver’s license from an officetel parking lot, “Sew-dong, Go-dong, Go-dong, Go-dong,” to the front day of the same juvenile training center.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment to the summary order, etc. of the same paper);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the Defendant was punished twice by a fine due to driving under drinking, and the Defendant’s blood alcohol concentration is relatively low, etc. that are disadvantageous to the Defendant.

However, considering the fact that the defendant is attempting to commit the crime of this case, the fact that the defendant has no other criminal records except the above criminal records, etc. in favor of the defendant, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records and arguments, such as the circumstances after the crime, shall be determined as ordered.