A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On January 24, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on January 24, 2007; on June 18, 2009, the summary order of KRW 3 million for a crime of violation of the Road Traffic Act (driving) was notified; on March 5, 2010, the Defendant was sentenced to a suspended sentence of two years for a period of four months.

【Criminal Facts】

On February 7, 2015, at around 01:10, the Defendant driven a Bpppon vehicle with approximately 100 meters alcohol concentration 0.191% while under the influence of alcohol without obtaining a driver’s license from the front of the water resources construction parking lot located in the Ssamnam-si to the front road of the “Ssamsan Village cafeteria” located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (one report);

1. A traffic accident report (1) (2) (actual survey report);

1. On-site evidence photographs of a traffic accident;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiry reports, investigation reports (Attachment to judgments, etc. of the same kind of suspect), judgments, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the reasons for the punishment in prison);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the same conditions as the above);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime even though he/she had the same record of punishment for driving without a license for the same kind of drinking alcohol on several occasions, and the nature of the offense is heavy.

However, the defendant reflects the crime of this case, and it is again.