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 29, 2013, the Defendant was issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch on May 29, 2013, and on July 8, 2016, by the same court as the same crime, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act and has the record of being punished twice due to drinking driving.

【Criminal Facts】

At around 23:10 on July 19, 2016, the Defendant, without obtaining a driver’s license, driven BM5 vehicle volume at the section of approximately 500 meters, while under the influence of alcohol by 0.121%, from the section of approximately 50 meters, to the front road of the Geumcheon-gu Seoul Metropolitan Office, Geumcheon-gun, Geumcheon-gun, Geumcheon-gun, Chungcheongnam-do, Geumcheon-gun, Geumcheon-do, Geumcheon-do, Geumcheon-gun, Geumcheon-gun, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement in the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records and other inquiries, and the application of investigation reporting-related Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The defendant has been punished twice due to drunk driving, in particular, even though his/her driver's license was revoked on February 25, 2016, he/she committed the instant crime as long as it has not been long since he/she was under the influence of drinking driving on April 7, 2016. A relatively favorable circumstance is that the defendant's blood alcohol concentration at the time of the instant case: The defendant is recognized to commit the instant crime; the defendant has no criminal record of suspended sentence or higher; the above circumstances and the defendant's age, character and conduct, environment, and crime.