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 this judgment becomes final and conclusive.

Punishment of the crime

On January 13, 2009, the Defendant was punished by a summary order of KRW 2 million for a violation of the Road Traffic Act from the Busan District Court's Busan District Court's Branch on January 13, 2009, and on May 13, 2014, the Defendant was punished by a fine of KRW 5 million for a violation of the Road Traffic Act from the Suwon District Court's Ansan Branch on May 13, 201 to a summary order of KRW 5 million for a violation of the Road Traffic Act.

Around 01:40 on December 20, 2014, the Defendant, without a driver’s license, driven a 5km car from the front of the restaurant to the front of the restaurant, regardless of the camping room located in the original valley of the members of Ansan-si, Gyeonggi-si, under the influence of alcohol by 0.25% of the blood alcohol content, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 1, 2007);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service and attend lectures;