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 September 14, 2015, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (drinking) from the Changwon District Court branch on September 14, 2015, and a fine of KRW 4 million as a crime of violation of road traffic law at the Changwon District Court on April 11, 2016.

On May 23, 2016, around 01:22, the Defendant driven B Ethp car under the influence of alcohol concentration of 0.066%, without obtaining a driver’s license, from the Jin Park Park-dong located in Seongbuk-gu, Sungwon-si, Sungwon-si to the front road of the public-private tunnel in the Changwon-si, Sungwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions;

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 Decisions 201Do141, Apr. 1, 201

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