A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal history] On August 26, 2008, the Defendant was issued a summary order of KRW 2.5 million with a fine of KRW 2.5 million for a violation of the Road Traffic Act at the Busan District Court on March 23, 2016 and issued a summary order of KRW 1.5 million with the same court on March 23, 2016 for a violation of the Road Traffic Act (unlicensed driving). On June 1, 2016, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Busan District Court's Dong Branch branch branch.

[2] On November 7, 2016, the Defendant driven C car from around 5 km to the 147-15 major road in Gangseo-gu, Busan, Seocheon-dong with alcohol content 0.064% under the influence of alcohol without obtaining a driver’s license on November 7, 2016.

Accordingly, the defendant violated the prohibition of drinking without a driver's license on two occasions, and drives a motor vehicle under the influence of alcohol again.

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. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (i.e., reflective facts and no record of punishment exceeding a fine) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;