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

[criminal history] The Defendant, at the Changwon District Court on November 1, 2010, issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (driving) at the Changwon District Court on November 1, 201; on November 14, 2014, a person who had been sentenced to a fine of KRW 6 million due to a crime of violating the Road Traffic Act (driving) at the Changwon District Court on November 14, 201, and was punished twice or more as a crime of violating the Road Traffic Act (driving).

[Criminal facts] On October 17, 2016, the Defendant driven Bco-owned off the Banbsp vehicle while under the influence of alcohol leveling 0.057% while under the influence of alcohol leveling 0.057%, without obtaining a driver’s license, from around 3km from the roads near Chang-si, Changwon-si, Changwon-si, Busan to the front school located in the same property dong to the private school located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, notification of the results of regulating driving of alcohol, report on the circumstances of the driver of alcohol, report on the circumstances of driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (applicable previous convictions in the same case and confirmation);

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 imprisonment with prison labor chosen;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: A person has a record of being punished four times for the same crime, and even though he had caused an accident while driving alcohol in 2014, he/she committed the crime of this case.

The favorable circumstances: The crime of this case is against the law.

There shall be no history of punishment heavier than that of suspended execution due to the same crime.