A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On June 1, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on November 9, 201, the same court issued a summary order of KRW 2 million for the same crime, and on September 4, 2013, issued a summary order of KRW 5 million for the same crime at the same court.

Although the Defendant had had a alcohol driving twice or more, on September 19, 2015, at around 01:44, the Defendant driven D-Wz car under the influence of alcohol level 0.155% while under the influence of alcohol level 0.15%, without obtaining a driver’s license from the Do at the entrance of the Yellow-gu Busan, Busan, to the front road located in the city of Nam-gu, Nam-gu, Seoul to approximately 1.8km.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Criminal records: Application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders against the same kind of crime);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;