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.

Punishment of the crime

On October 12, 2009, the Defendant issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on the same day on December 8, 201, and a fine of KRW 2.5 million to a violation of the Road Traffic Act (driving) at the same court on the same day on December 8, 2014, five previous drinking driving offenses.

On February 7, 2017, without obtaining a driver's license of a motor vehicle, the Defendant driven a motor vehicle of approximately 10 meters DN No. 10 meters at the front road of the house in Kimhae-si with an alcohol concentration of at least 0.058% under the influence of alcohol during blood, on the same road.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

The application of the Act and subordinate statutes to investigation reports (a summary attachment of an order) by the defendant's legal statement of the driver's statement in the driver's report of the driver's license of the motor vehicle;

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 for mitigation of a small amount of punishment (see, e.g., Supreme Court Decision 53 and 55 (1) 3);

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;