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 November 28, 2014, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and on March 18, 2015, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the same court.

1. On February 2, 2016, the Defendant driven B Poter II cargo under the influence of alcohol content of about 0.23% while under the influence of alcohol, without obtaining a driver’s license, from the front road of 100 meters in front of the air-conditioning 332-1, Gyeong-dong, Eup, Gyeong-dong, Foreign-si, Gyeongnam-si, to the front road of the entrance railway in the same Ri, around 200 meters.

2. On February 19, 2016, the Defendant driving the Poter II cargo vehicle under the influence of alcohol content of 0.051% while under the influence of alcohol without obtaining a driver’s license in the section of about 100 meters, as described in paragraph (1), around February 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act;

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