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.

Criminal facts

On March 19, 2012, the Defendant received a summary order of a fine of three million won or more for a crime of violating the Road Traffic Act at the Changwon District Court on March 19, 2012, and a summary order of eight million won or more for a crime of violating the Road Traffic Act (driving) at the same court on May 2, 2014.

On December 18, 2015, at around 20:45, the Defendant driven BMF5 car under the influence of alcohol content of 0.115% while under the influence of alcohol without obtaining a driver’s license from a section of about 20 meters, which is located in and outside the east of Kimhae-si, to the 18th road in and outside the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquire about 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

1. An order to attend a course under Article 62-2 of the Criminal Act;