A defendant shall be punished by imprisonment for six 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 January 16, 2007, the Defendant issued, at the Ulsan District Court, a summary order of KRW 3 million for a crime of violating the Road Traffic Act, and on December 30, 2010, a summary order of KRW 5 million for the same crime, etc. at the same court, respectively.

On May 1, 2014, at around 22:00, the Defendant driven a 1.5km distance from the front of the Gone Star Cargo Station located in the Ulsan Middle-gu Multi-gu, Seoul Metropolitan Government without obtaining a driver’s license on May 1, 2014 to the front road of the Western real estate located in the same Dong, while under the influence of 0.139% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (former records, court rulings and summary orders);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Do1488, Apr. 1, 2006);

1. Order to provide community service and attend lectures under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. (Consideration of repeatedly driving a vehicle owned by the defendant without a driver's license);