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 5, 2012, the Defendant was sentenced to a summary order of a fine of two million won for a violation of road traffic laws in the Changwon District Court's smuggling support, and on December 12, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic laws in the same court on December 12, 2012.

On January 2, 2015, the Defendant driven a B Poter under the influence of alcohol level of 0.129%, without obtaining a driver’s license, from a 20-meter section from the front of a vinyl house of the Republic of Korea to the front road of the “virative traffic” located in the same Dong, at around 16:10 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A previous conviction: Application of a written inquiry and a written reply;

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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the fact that the defendant's mistake is divided, the defendant's protection, observation and community service order together with the suspended sentence of imprisonment, and the defendant's age, sex and environment, motive, means and result of the crime, etc.