A defendant shall be punished by imprisonment with prison labor for up to 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

On November 4, 2011, the Defendant was issued a summary order of KRW 1,500,000 for a crime of violating road traffic law in the Changwon District Court through the Changwon District Court on the following: (a) the Defendant was issued a summary order of KRW 4,00,000 for the same crime in the same court on March 28, 2016; and (b) three persons with the same criminal records.

Criminal facts

On June 29, 2016, the Defendant driven B-house under the influence of alcohol content of 0.080% without obtaining a driver’s license from around 2 km section from the front of the “Dong-dong Forest apartment site” to the front of the “Sa system,” located in the same Si-dong at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, statement of the circumstances around the driver, and report on the circumstances of the driving of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of a copy of each statute of summary order;

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. Although protection observation, community service order, and order to attend the course of the punishment under Article 62-2 of the Criminal Act could be sentenced to a fine due to driving of drinking alcohol on the grounds of sentencing, it is not good that the crime is committed due to drinking alcohol or non-license (in particular, at the time of four months after being issued a summary order of a fine of KRW 4 million due to drinking driving). In addition, the Defendant’s age, occupation, sex, family relation, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the instant crime.