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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 28, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, and on December 15, 2010, the Defendant issued a summary order of KRW 2.5 million for the same crime at the Seoul Central District Court, and on April 22, 201, the Defendant violated Article 44(1) of the Road Traffic Act on two or more occasions, on the grounds that the Defendant received a summary order of KRW 3 million for the same crime from the Jungyang Branch’s Goyang Branch on April 22, 201.

On December 3, 2014, at around 21:40, the Defendant, without obtaining a driver’s license for a motor vehicle, driven from the road front of a cafeteria building located in Jeonnam-do, Jeonnam-do, in the condition of under the influence of alcohol of 0.11%, a vehicle driving from approximately 12 kilometers to the roads front of the Donan Highway located in the Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, for approximately 2:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry into the register of driving licenses, reports on the actual state of driving licenses, reports on the actual state of driving licenses, and the register of driver’s licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes entered in the records of criminal records, inquiry reports, related summary orders, judgment, etc.;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1));

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;