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.

Punishment of the crime

On December 1, 2014, the Defendant was issued a summary order of KRW 1.5 million with a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court, and KRW 4 million with a fine of KRW 4 million for a violation of the Road Traffic Act at the Changwon District Court on August 3, 2015.

In addition, on February 9, 2017, the defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution due to a violation of road traffic law at the Changwon District Court on February 9, 2017 and the judgment became final and conclusive on February 17, 2017.

On October 8, 2016, the Defendant driven a car with approximately 15 kilometers B K7 km in front of the road located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong 163-18 without obtaining a driver's license on around 21:30 on October 21, 2016.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

The application of the Act and subordinate statutes to inquire about criminal history records of a criminal investigation report (Attachment to Summary Order) requested by the criminal defendant's driver's statement report;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. Subsequent to Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

6. The community service order under Article 62-2 of the Criminal Act;