A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On May 18, 201, the Defendant was issued a summary order of KRW 1,500,000 to a fine for a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and on May 16, 2016, the Defendant was issued a summary order of KRW 1,50,000 for the same crime at the same court.

[2] On November 4, 2017, the Defendant operated D QM5 automobiles under the influence of alcohol concentration of about 0.065% without a vehicle driver’s license at a section of about 16 km from the front of the order of Gangseo-gu Seoul Metropolitan Government to the roads in front of the Yongsan-gu Saemaul National Treasury, Seoul Metropolitan City, 2044, in a manner of under the influence of alcohol concentration of about 0.065% in blood without a vehicle driver’s license.

Accordingly, the defendant, while driving a vehicle without a driver's license and driving a vehicle again despite being punished for drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (interpellations about suspect's drinking experience);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant had been subject to three times punishment due to drinking alcohol driving, the fact that the distance of driving is reasonable, and the fact that the defendant has no record of being punished in excess of the fine, etc. shall be considered as favorable circumstances, and the punishment as ordered shall be determined by taking into account all the circumstances of sentencing, including the defendant's age, sexual behavior, environment, health conditions, motive and circumstance of the crime, and circumstances after the crime, etc.