A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Criminal facts

On August 10, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on May 17, 2016, respectively.

On September 6, 2017, at around 07:20, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.061% without obtaining a driver’s license from around 30km section from the Defendant’s residence located in Yanghae-si, Kimhae-si to the G-si in the Jeju-si Jeju-si.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and of a summary order, to two Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., motive, background, criminal record, relationship of criminal record, etc.);

1. Article 62 (1) of the Criminal Act (Concurrent Consideration of the above circumstances);