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

【The Defendant issued a summary order of KRW 1.5 million at the Jeju District Court on March 31, 2004 to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (drinking driving), a summary order of KRW 2 million due to a violation of the Road Traffic Act (drawing driving) and a violation of the Road Traffic Act (drawing driving) in the same court on February 28, 2005, and a summary order of KRW 1 million due to the same court on October 27, 2016, respectively.

【Criminal facts】 From around 12:55 on October 23, 2016, the Defendant driven a Bknife vehicle under the influence of alcohol content of about 500 meters from the knife hotel parking lot at Jeju-si to the roads in front of Samsung Blood located in the same City/Do without a driver’s license, at approximately 0.113% of alcohol content in blood.

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 regulating drinking alcohol driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous one and summary order);

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

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 reasons for sentencing under Article 62-2 of the Criminal Act include two times due to the crime of drinking alcohol driving, the Defendant was punished by a fine on one occasion due to the drinking alcohol driving and the driving without a license. The Defendant committed the instant crime by driving a motor vehicle on July 29, 2016, even though he was under the suspension status of the driver’s license due to the previous crime of driving a motor vehicle on July 29, 2016. In light of the fact that the Defendant’s blood alcohol concentration level at the time of the instant crime was high, the Defendant should be severely punished.

However, all of the crimes of this case are committed by the defendant.