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 one year from the date this judgment becomes final and conclusive.

Criminal facts

[2] On July 4, 201, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of road traffic laws in the Changwon District Court’s Tongwon District Court’s branch on July 4, 201; on August 19, 2013, the same court issued a summary order of KRW 1,00,000 as a fine for the same crime; on May 7, 2015, the same court issued a summary order of KRW 5 million as a fine for the same crime; and on June 24, 2015, the same court issued a summary order of KRW 8 million as a fine for the same crime.

[2] On January 11, 2016, the Defendant driven BM3 motor vehicles under the influence of alcohol content of 0.071% while under the influence of alcohol during blood without obtaining a driver’s license from the front of the Jeju Apartment apartment in the city of Pyeongtaek-dong on January 22:5, 2016 to the front of the 23:05 day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, and application of Acts and subordinate statutes on investigation report;

1. Relevant provisions of the Act and Articles 148-2 (1) 1, 44 (1) (a point of drinking), 152 subparagraph 1, and 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (a point of driving without a license) and 153 (a point of driving without a license);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

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 sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s blood density, alcohol density, the course and distance of driving, the records of punishment for the same kind of crime, and the Defendant’s age, sex, environment, and circumstances after the crime, etc. for the reasons of sentencing under Article 62-2 of the Criminal Act, are equally taken into account. The sentence against the Defendant is determined and the order to provide community service and attend lectures is added due to reflective and sexual reflection.