A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act in the Changwon District Court's branch on October 25, 2013, and on February 25, 2016, the same court was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act, respectively, and was punished nine times in total for the same crime.

At around 20:18 on October 17, 2016, the Defendant, without obtaining a driver’s license, driven B-low-scale car under the influence of alcohol content of about 0.148% in a 3km section from the roads near the Yansan restaurant in Gohap-gun, Gohap-gun to the roads located in 1007-16, an Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the results of drinking control, the register of driver's licenses, etc.;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (Attachment to previous records and a copy of judgment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., disposing of a vehicle used for committing an offense);

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;