A defendant shall be punished by imprisonment for not more than ten 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

[criminal history] On August 3, 2010, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Sungnam Support Center, which was issued on August 3, 2010. On April 17, 2017, the Defendant was issued a summary order of KRW 4 million for the same crime at the same court.

[Criminal facts]

1. On March 25, 2017, the Defendant: (a) was driving a DK5 vehicle while under the influence of alcohol by 0.139% of alcohol concentration in the blood while under the influence of alcohol, without obtaining a driver’s license at a section of approximately 1km in front of the C convenience store located at the south-si, Hanam-si; (b) on March 25, 2017.

2. The Defendant illegally used a vehicle as described in paragraph 1 at the same date, time, and place as described in paragraph 1, and used the vehicle as described in paragraph 1 without the victim’s consent by driving the vehicle temporarily with the vehicle as set forth in paragraph 1, which is owned by the victim’s large transportation (owner), in a cresh in which E, the driver of the said vehicle, displays the starting-dong and sets the cresh in a locking place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 331-2 of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 crime of driving under the influence of alcohol for sentencing under Article 62-2 of the Social Service Order Criminal Act is a crime that may infringe not only the driver but also the lives and bodies of citizens using roads, and requires strict punishment.

The defendant is punished for drinking.