A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

On March 10, 2014, the Defendant received a summary order of a fine of one million won for a crime of violating road traffic laws (drinking driving) from the Changwon District Court branch on March 10, 2014, and a summary order of four million won for a crime of violating road traffic laws at the Changwon District Court on March 7, 2016.

On March 28, 2016, at around 00:05, the Defendant driven a 3 freezing truck while under the influence of alcohol content of 0.056 percent while under the influence of alcohol, without obtaining a driver’s license, from around the front of the bus terminal located in the Chang-si, Busan Metropolitan City, Masan-si Masan-si, to the front road in front of the Don square, which is located in the Don-dong, Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);

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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201