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 January 16, 2013, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of road traffic law in the Changwon District Court’s Tongwon District Court’s Tong-gu branch on January 16, 201, and a fine of KRW 4 million as a same crime in the same court on November 17, 2014.

Criminal facts

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking), on April 5, 2016, at around 01:50, the Defendant driven B Lone Star Cornex under the influence of alcohol concentration of about 500 meters from a distance of about 500 meters from the road front of the road in the front of the road in the city of Yong-gu to the front of the road in the same city of Yong-gu, Yong-gu without the driver’s license, while under the influence of alcohol concentration of about 0.119%.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

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

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report accompanied by a 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. The defendant's age, occupation, sex, family relation, circumstances leading to this case's crime, and circumstances before and after this case's crime, etc. on the grounds of sentencing under Article 62-2 of the Criminal Act, even though he had been sentenced to a fine due to driving under the influence of alcohol on the grounds of sentencing, and the quality of the crime is not good by driving under the influence of drinking and without permission. It is so decided as per Disposition on the grounds that the punishment is determined by considering the defendant's age, occupation, sex, family relation, circumstances leading to this case's crime, etc.