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 August 21, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on August 21, 2013, the summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on April 7, 2017, the summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Busan District Court on April 7, 2017, and on May 11, 2017, the summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court on at least two occasions.

On September 1, 2018, at around 04:0, the Defendant driven a B-house without a driver’s license, under the influence of about 4km from the front of the school site located in the school site in Busan, Seo-gu to the front road located in 11, Seo-gu, Busan, Seo-gu, 320, a 320-gil (Seo-dong), and under the influence of about 0.141% alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous conviction in judgment: A reply to inquiry, such as criminal history, summary information of the case, and application of a copy of the summary order;

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 suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant again committed the instant crime even though there have been several times the past records of punishment due to drinking driving or non-licensed driving; (b) the disadvantageous circumstances such as the fact that the instant drinking alcohol is considerably high; and (c) the Defendant recognized the instant crime and divided the wrong facts in depth; and (d) the favorable circumstances such as the fact that the Defendant has no record of criminal punishment exceeding the fine. In addition, the records and changes of the instant case are considered.