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.

Criminal facts

On September 1, 2009, the Defendant issued a summary order of KRW 700,00,000 as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on September 1, 2009, and a fine of KRW 3 million as a same crime at the same court on April 5, 2017.

Although the Defendant had been punished twice as a crime of violating the Road Traffic Act (drinking) as above, on June 13, 2017, the Defendant driven a bro-car without a driver’s license in the 1km section of approximately 0.092% alcohol concentration in blood alcohol level from the road front of the agricultural community center located in the Dong-gu, Jung-gu, Seoul Metropolitan City, Ulsan-gu to the private distance of the culture and arts center located in the same city-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, on-site photographs, a report on the detection of the main driver, a tea inquiry, the ledger of driver's licenses, estimates, and written agreements;

1. Previous conviction: Inquiry about criminal history and application of a copy of a 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. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act with more severe punishment);

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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;