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 November 19, 2012, the Defendant received a summary order of KRW 5 million from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the Changwon District Court Msan Branch on June 26, 2015 to a fine of KRW 5 million for the same crime.

On March 20, 2016, around 05:20 on March 20, 2016, the Defendant driven a motor vehicle in the Bcoon-do with alcohol concentration of 0.127% while under the influence of alcohol level 0.127%, without obtaining a driver’s license at a distance of about 1 km from the third apartment of the Namyang-gu, Seoyang-gu, Seoyang-gu, Chungcheongnam-gu, Sungwon-si to the central intersection of the 83-lane as in the center of the Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and notification of the results of crackdown on drinking;

1. Inquiry into the association of the main office and the ledger of driver's licenses for motor vehicles (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant again committed the instant crime under a license even though he/she had been sentenced to a fine more than twice for the same offense, as stated in the facts constituting the crime in the judgment of the court below, as well as the records of the instant crime, even though he/she was sentenced to a fine for the same offense, and the Defendant again committed the instant crime under a license. The amount of alcohol concentration at the time of driving alcohol of this case is very high is the reason for sentencing unfavorable to the Defendant.

However, the sentencing is advantageous to the defendant, such as the fact that the defendant has been repented and reflected in depth, and that the defendant has no record of punishment more than a suspended sentence.