A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 31, 2013, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on September 26, 2014, a fine of KRW 2,50,000 as a crime of violating the Road Traffic Act at the Busan District Court.

On December 22, 2015, at around 02:35, the Defendant driven a vehicle of approximately 30 km from the Kimhae-si, Kim Jong-si to the point of 110 km away from the original city in Changwon-si, and without obtaining a driver’s license, while under the influence of alcohol content of 0.107% during blood, the Defendant driven a vehicle of hurburged B.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant again committed the instant crime under the same type of permission even though he/she had been sentenced to a fine due to a violation of road traffic laws, as stated in the facts constituting the crime in the judgment below, and that the amount of alcohol concentration in the blood during driving of the instant drinking is high, etc., which are disadvantageous to the Defendant.

However, there is a favorable reason for sentencing, such as the fact that the defendant has a depth of and reflected in the mistake, the fact that the defendant has no record of punishment more than a suspended sentence, and the age, sex, motive for committing the crime.