A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

On July 7, 2009, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court’s branch office, and on April 14, 2010, issued a summary order of KRW 2,50,000 as a fine for the same crime by the same court.

On December 3, 2014, at around 22:10 on December 3, 2014, the Defendant driven a B car with blood alcohol concentration of about 150 meters from the road near the Gyeongnam Bank located in the Gyeongnam-si, to the road front of the same Mori-ri-dong, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, the ledger of driver's licenses, and the details of disposition for cancellation;

1. Previous offense: To apply a criminal investigation report and a copy of each summary order to Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment with prison labor, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;