A defendant shall be punished by imprisonment for 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.

Criminal facts

On February 2, 2007, the Defendant received a summary order of fine of one million won or more as a crime of violating the Road Traffic Act at the Changwon District Court on February 2, 2007, and a summary order of five million won or more as a fine at the Busan District Court on June 26, 2014.

On June 30, 2016, the Defendant driven B Poter cargo under the influence of alcohol level of 0.080% while under the influence of alcohol level of 0.080%, without obtaining a driver's license, from around 5km section from the front side of another Poter in the Dong-dong, Kimhae-si, Kimhae-si to the front side of the apartment house in the Yellow-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (the same criminal record and confirmation);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;