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 history] On October 4, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Jeju District Court for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 2 million by the Jeju District Court for a violation of the Road Traffic Act (drinking driving), respectively, on September 18, 2014, and each of the above summary orders became final and conclusive.

[Criminal facts] On October 15, 2016, the Defendant driven B-B cargo vehicle while under the influence of alcohol content of about 0.122% without a vehicle driver’s license in the front of the CU convenience store located in Jeju, 33-1, from the Do in front of the CU convenience store to the front of the indoor swimming pool located in about 24 2:0,00,000 from the Do in Jeju, to the front of the indoor swimming pool located in about 30 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving, the details and records of crackdown, and the notification of the results of crackdown on drinking;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, investigation report (verification of drinking records at least twice) and 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 each sentence of imprisonment with prison labor (the following extenuating circumstances, among the reasons for sentencing, shall be considered):

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service is that the defendant recognized each of the crimes of this case and reflected, and that there are circumstances to consider the motive as driving a vehicle after contact with the vehicle in his/her dwelling place.

However, even though the Defendant had been sentenced to a fine twice due to drinking driving and a fine on one occasion due to driving without a license, the Defendant committed each of the crimes of this case at the same time, taking into account the Defendant’s age, sex, environment, circumstances after the crime, etc., and the sentencing conditions as shown in the pleadings of this case, such as the circumstances after the crime.