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

[criminal power] On August 6, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of KRW 8 million for the same crime at the same court on May 25, 2016, respectively.

【Criminal Facts】

Although the Defendant had been punished for the crime of violation of the Road Traffic Act over two occasions, at around 02:20 on August 21, 2016, the Defendant driven BM7 car from around 10 meters to the above side acid, from the 70-lane 68 meters away from the 10-meter section, in a state of under the influence of alcohol with a blood alcohol concentration of 0.137% without a driver’s license, at around 02:20 on August 21, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Copies of the car driving license register;

1. Criminal records as indicated in the judgment: Application of two copies of Acts and subordinate statutes in each of the criminal records, reply reports on criminal records, amounts of undisposition, results of confirmation, and summary orders;

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 Decisions 200Du148, Jan. 1, 2001>

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;