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 December 28, 2006, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act at the Busan District Court on December 28, 2006. On May 22, 2013, the Defendant issued a summary order of KRW 6 million as the same crime in the same court.

On October 10, 2014, the Defendant, who had driven two or more times as above, driven BM3 automobiles under the influence of alcohol concentration of about 0.128% without a car driver’s license from a section of about 200 meters, from the front side of the sea-water station in the upper speed of the Gu-U.S. Sim-si, to the road near the emulpo-si in the Gu-U.S. Sim-si, the Defendant driven BM3 automobiles without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Details of revocation of driver's licenses, ledger of driver's licenses, and disqualified meetings of main office;

1. Previous convictions indicated in the judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (including attached summary orders);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 2007Da15488, Apr. 1, 2007) (see, 2008Da1248, Apr. 2, 2007)

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

1. Article 62-2 (1) of the Criminal Act to attend lectures;