A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On June 5, 2015, the Defendant was issued a summary order of KRW 8 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch branch, and on April 3, 2013, the Defendant was issued a summary order of KRW 2 million for the same crime at the Busan District Court's Busan District Court.

On October 15, 2017, while under the influence of alcohol 0.149% during blood transfusion, the Defendant driven a CM5-car at a section of about 300 meters from the Gu subway Station’s public parking lot located in the Dong, Seogu, Busan, to the front road of the Sinan Highway, located in the same Dong without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes reporting previous convictions and results thereof;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act (non-licensed 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. Although there was a history of three times criminal punishment due to driving of drinking alcohol for the reason of sentencing under Article 62(1)(hereinafter referred to as the following favorable circumstances) of the Act on the Suspension of Execution, the punishment as set forth in the order shall be determined by comprehensively taking account of the following factors: (a) the fact that a person operates a vehicle without a driver’s license in a long-term condition and operates the vehicle without any license; (b) the fact that there is no record of criminal punishment exceeding the fine; (c) the Defendant’s age, sex behavior, environment, circumstances leading to the crime; and (d) circumstances