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 21, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) in the Daegu District Court Kimcheon on January 21, 2009, and on September 30, 2015, the above court issued a fine of KRW 1.5 million for the same crime.

Criminal facts

On March 19, 2016, at around 22:00, the Defendant driven B-low-car under the influence of alcohol content of 0.150% without a vehicle driver’s license from a section of approximately 500 meters from the front road of the “Cheongong Fari”, which is located in the Sinmi-si, Sin-si, Sinsi, to the front road of the “3040 Fari-ro” in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant 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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for a fine on three occasions due to drinking alcohol driving, the fact that the blood alcohol concentration is considerably high, and the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the records of this case and the change theory.