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 Records of Crimes】 On November 25, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the original Chuncheon District Court’s original branch on November 25, 2009, and a summary order of KRW 4 million for the same crime at the same court on December 21, 2015, respectively.

【Criminal facts】 On March 14, 2016, the Defendant driven BM5 automobiles while under the influence of alcohol content of 0.092%, without obtaining a driver’s license, on the front of the prime Tol in the Taeju-dong, Taeju-si.

As a result, the defendant driving a vehicle without a driver's license and driving a vehicle under the influence of re-driving even though he was punished twice or more due to a violation of the Road Traffic Act (drinking).

Summary of Evidence

1. Statement by the defendant in court;

1. A driver's license inquiry;

1. Inquiries about the results of crackdown on drinking driving;

1. Records of crime: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to the previous summary order related to the suspect) by statutes;

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. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, once again driven a drinking alcohol, even though he had been punished twice due to drinking alcohol driving.

However, it is against the mistake.

The punishment shall be determined as ordered by taking into account such circumstances and the defendant's age, occupation, sex, the details of the crime, and the circumstances after the crime.