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 became final and conclusive.

Criminal facts

On March 18, 2008, the Defendant received a summary order of one million won or more as a fine for a violation of the Road Traffic Act from the Busan District Court's Branch Branch on July 18, 2008, a summary order of two million won or more as a fine for the same crime from the Incheon District Court's Branch Branch on July 18, 2008, and a summary order of five million won or more as a fine from the Changwon District Court on December 23, 2013.

On February 4, 2015, the Defendant, without obtaining a driver’s license at around 23:19, driven a C Kanche vehicle at approximately 5km section from the roads located in the Gannam-si, Kimhae-si, Kimhae-si, where the blood alcohol concentration is 0.08% under the influence of alcohol at around 0.08%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and