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 April 16, 2014, the Defendant issued a summary order of a fine of five million won or more for a crime of violating the Traffic Act at the Busan District Court, and on March 13, 2013, the same court issued a summary order of 1.5 million won or more for a crime of violating the Traffic Act.

On February 23, 2016, under the influence of alcohol content of 0.226% in blood without a driver's license, the Defendant driven a B B B B-L car at the section of about 30km from the front of a mutually influent restaurant located in the North-gu, Busan Metropolitan City, to the front road of "large Pung Fishery" located in the Gu, Changwon-si, Changwon-si, Changwon-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 report on investigation (Attachment to a summary order of the same kind of power);

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 2005Da1548, Apr. 1, 2005);

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