A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On April 30, 2008, the Defendant was issued a summary order of a fine of KRW 1.5 million for a violation of the Road Traffic Act in the Changwon District Court's branch on April 30, 2008, and on November 24, 2016, issued a summary order of a fine of KRW 3 million for the same crime in the same court on November 24, 2016, and has violated the provisions on prohibition of driving under the Road Traffic Act two or more occasions.

On December 17, 2016, the Defendant driven a C car under the influence of alcohol content of about 0.068% in a section of about 30km from the road near the Defendant’s residence in Chungcheongnam-gun, Chungcheongnam-gun, without obtaining a driver’s license for a motor vehicle, to the road near the Defendant’s residence in Chungcheongnam-gun, Chungcheongnam-gun, and the road near the Gyeongnam-gun, G car under the influence of alcohol content of about 0.068% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the result of crackdown on driving;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous convictions and judgment);

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Protection, Observation, etc. Act, and Article 62-2 of the said Act;