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 history] On March 19, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violation of road traffic law at the Seoul Southern District Court. On September 28, 2012, the Defendant was sentenced to a fine of KRW 3 million for the same crime at the Seoul Central District Court, and on April 25, 2017, to a fine of KRW 7 million for the same crime.

[2] On February 16, 2018, the Defendant driven Cbee or a car while under the influence of alcohol content of about 0.160% without obtaining a driver’s license in a section of about 8km in front of “central pharmacy” located in the Gu of Chang-Eup at the same time on the road in the vicinity of the two grix, where he/she stay at around 07:00 on February 16, 2018, while under the influence of alcohol content of 0.160%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (No. 6 No. 5 of the evidence list), internal investigation report (No. 7 of the evidence list);

1. Previous convictions in judgment: Application of the provisions of Part IV, such as a reply to inquiry, investigation report (Evidence List No. 16), and text of judgment, such as criminal history;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. The reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation shall be taken into account in an unfavorable circumstance that the defendant committed the same kind of crime over several times.

However, it shall be considered in favor of the defendant that the defendant recognizes and reflects the crime.

In addition, the arguments in this case, such as the defendant's age, family relations, and the fact that the defendant has experienced mental problems and has undergone long-term hospital treatment.