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.

Criminal facts

On May 18, 2009, the Defendant received a summary order of KRW 1,500,000 from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million to a fine on April 3, 2014 by the same court as the same crime.

On November 14, 2014, at around 21:45, the Defendant, without obtaining a driver’s license, driven a mobile phone molet, which is in the influence of 0.149% of blood alcohol level, on the road of about 10 meters in front of the store, drive the Bwning-III truck on the road of about 10 meters prior to the store.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;