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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 15, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, at the Daejeon District Court’s collegiate Branch branch on December 15, 2010. On July 30, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

On June 14, 2015, the Defendant, without obtaining a driver's license at around 04:04, driven a BM5 vehicle at 5 meters in order to drive a mobile vehicle on the road in front of 18 U.S. Mangsan-gu Mari-gu, Seoul Special Metropolitan City, Nowon-gu, 0.157% in alcohol level without obtaining a driver's license at around 04:04.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and the ledger of use of a drinking measuring instrument;

1. A report on internal investigation, driving without a license, and field photograph;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes to inquiry reports and investigation reports (report accompanied by a copy of the same 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., reflective facts, and the facts that have no criminal record of the same kind or more suspended sentence);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;