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.

Punishment of the crime

On October 4, 2006, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of road traffic law (drinking driving) at the Gangnam Branch of the Chuncheon District Court, and on August 10, 2012, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving).

On January 10, 2016, the Defendant, while under the influence of alcohol of 0.114% during blood without a driver’s license, driven approximately 100 meters from the parking lot to the front road of the Gangnam Women’s High School located in the same city, and re-driving a vehicle without a driver’s license even if he/she was punished for driving two or more times at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger and the driver's license ledger;

1. References to inquiries, such as criminal history, and application of each summary order statutes;

1. Unlicensed driving of a motor vehicle as indicated in the relevant legal provision concerning the crime: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrence and the selective punishment (the punishment between the above two crimes and the punishment between them shall be imposed on the violation of the Road Traffic Act due to the driving of alcohol which is heavier than the above two crimes; the choice of imprisonment shall be sentenced);

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate small amount (i.e., reflectiveness, suspension of qualifications or more severe punishment, and the circumstances of the instant crime, etc.);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds, etc. for the mitigation of the amount of punishment as mentioned earlier);

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc. (Consideration of the drinking values and the repeated driving of habitive drinking);