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 July 3, 2009, the Defendant received a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving), and on June 21, 2012, the above court received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and on October 17, 2014, the above court was sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).

[Criminal facts] On September 17, 2016, the Defendant driven Bschton car at the 100-meter section around the Habbadong-ro 515 in Jeju-si, Seocheon-si, Seocheon-do, and from the 100-meter road around Jeju-si, the alcohol level of 0.129% under the influence of alcohol during blood without obtaining a driver’s license on September 17, 2016 to the 14-lane in Jeju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Relevant photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment, such as a copy of the judgment);

1. Relevant legal provisions pertaining to criminal facts: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Imprisonment;

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Order to attend a course: The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection shall be determined by taking into account all of the following circumstances into consideration:

The favorable circumstances: The circumstances that are recognized as all facts constituting an offense: The three times of punishment for a fine for the same kind of crime, the amount of alcohol concentration in the blood of this case is considerably high, and the amount of previous criminal records exceeds 0.1%.