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

Punishment of the crime

[criminal history] On June 29, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the port branch of the Daegu District Court. On September 2, 2015, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

[2] On December 12, 2016, the Defendant driven a Brab motor vehicle under the influence of alcohol content of 0.129% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 3 km from the road in the Southern-gu New-dong, Nam-gu, Chungcheongnam-gu, Seoul to the front road of the Macheon-gu apartment complex located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (Attachment, such as a copy of the previous convictions and the summary order);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service and order to attend lectures, are that the accused repents wrongs, the accused does not have any particular criminal record except for fines, and other circumstances that serve as the conditions for sentencing specified in the pleadings of this case, such as the age, environment and sexual conduct, shall be determined as ordered by considering all the circumstances.