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 February 27, 2013, the Defendant issued, at the Incheon District Court, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, and at the same court on November 6, 2013, a summary order of KRW 3 million for a crime of violation of the Road Traffic Act.

On May 27, 2014, at around 23:18, the Defendant driven a B-hurd motor vehicle with approximately 200 meters alcohol concentration of 0.103% under the influence of alcohol without a vehicle driver’s license from around the roads of “Sama Industry Complex” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, to the front road of “Samaeman Industrial Complex” located in 452, Bupyeong-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a summary order);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;