A defendant shall be punished by imprisonment for not less than eight 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 April 20, 2015, the Defendant received a summary order of KRW 4 million from the Changwon District Court to a fine of KRW 3,500,000 for a violation of the Road Traffic Act, and on March 23, 2017, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act from the Changwon District Court.

On June 25, 2017, at around 03:15, the Defendant driven a B-L car under the influence of alcohol leveling 0.160%, without obtaining a driver’s license, from the section of about 1k in front of the street store located in Kimhae-si, Kimhae-si to the front road.

Summary of Evidence

Application of the Act and subordinate statutes to inquiries, such as criminal history in the register of driver's license reports on the state driver's statement by the defendant;

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)

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of punishment (including the fact that there is no criminal conviction or heavier than a suspended sentence, and that there is a penance, etc.);

5. Article 62 (1) of the Criminal Act on the suspension of execution.

6. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;