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.

Criminal facts

On November 8, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 2, 2016, respectively.

On November 5, 2017, the Defendant driven a C car under the influence of alcohol concentration of about 0.159% without obtaining a driver’s license from approximately 1km section from the front of 768-11, the 768-11st of the window of Changwon-si, Changwon-si to the front road of the Use River of the same Dong-Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry of materials about foreign crimes and criminal investigation experience, and application of Acts and subordinate statutes of report on investigation (verification of the same record as suspects);

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

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 (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; (e) the Defendant’s sexual behavior; (e) intelligence and environment; and (e) various conditions of sentencing indicated in the records and arguments, including criminal records and arguments