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 May 11, 2016, the Defendant was notified of a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Daegu District Court. On May 20, 2016, the Defendant was notified of a fine of KRW 4 million for the same crime in the same court.

【Criminal Facts】

피고인은 도로교통법 제44조 제1항을 2회 이상 위반한 사람으로서, 2016. 11. 2. 01:45경 대구 동구 율하동에 있는 상호 불상의 꼼장어식당부터 같은 구 방촌동에 있는 강남병원 앞 도로에 이르기까지 약 3km 구간에서 혈중알코올농도 0.162%의 술에 취한 상태로 자동차운전면허를 받지 아니하고 B 벤츠 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Judgment division: Application of double-entry Acts and subordinate statutes, such as a copy of an inquiry into criminal records, and a copy of a summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined as follows.

Unfavorable circumstances: The defendant has committed the same kind of crime several times in a short period, and his/her liability shall not be mitigated.

A favorable normal situation: The defendant again does not commit the same kind of crime.