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.

Criminal facts

On September 17, 2007, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on May 6, 2015 to a fine for the same crime.

On June 3, 2015, at around 03:10 on June 3, 2015, the Defendant driven a BM5 vehicle while under the influence of alcohol level of about 0.104% without a driver’s license, from the road front of the new wall market located in the Kimhae-si, to the roads front of the flucellulp oil station located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 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 (Taking into account that there is no past record of criminal punishment exceeding a fine due to the same kind of crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;