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 13, 2012, the Defendant received a summary order of fine of three million won or more for a crime of violating the Road Traffic Act (drinking driving) from the Busan District Court's Dong Branch, and on June 2, 2014, a summary order of fine of two million won or more for the same crime at the Changwon District Court's Changwon District Court's Branch.

On February 7, 2016, the Defendant driven a B carren vehicle under the influence of alcohol content of 0.118% without obtaining a driver’s license from around 500 meters from the front of a restaurant where it is impossible to know the trade name in the Dong-Eup Do, Changwon-si, the window of Changwon-si, and from around 500 meters from the day before the restaurant where it is impossible to find out the trade name in the Dong-Eup Do-dong Do-dong, the Defendant driven a B car with alcohol content of 0

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

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 62 (1)

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