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

[criminal history] On May 26, 2010, the Defendant was issued a summary order of a fine of 2.5 million won for a violation of road traffic laws (driving), etc. by the Daegu District Court, and on April 24, 2015, the Defendant was sentenced to a fine of 6 million won for a violation of road traffic laws in the same court.

[2] On December 30, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 22:43, driving C in the section of about 800 meters from the four-distance from the four-lanes in the Daegu Suwon-gu under the influence of alcohol content 0.127%, to the road front of the Dominta store located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as inquiry about criminal history, investigation report (former and copy of the summary order) 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. Reasons for sentencing under Article 62-2 of the Criminal Act - Sentencing favorable circumstances: The fact that there exists no record of punishment for suspension of qualifications or more severe punishment; the fact that the latter reflects the crime at latest; the fact that a person drives drinking while under a license without a license at the same time even though he/she had been punished several times for the same kind of crime; the defendant's age, sexual behavior, intelligence and environment, motive, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined by taking into account the various factors indicated in the arguments of this case, such as the circumstances after the crime.