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

On April 28, 2014, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), from the Jung-gu District Court on January 12, 2016 to a fine of KRW 4 million for the same crime, from the Goyang Branch of the Jung-gu District Court on January 12, 2016, and from the Suwon Branch on May 25, 2016 to a fine of KRW 1 million for a crime of violating the Road Traffic Act (dimplicing driving).

On July 1, 2016, around 01:15, the Defendant driven B ma-car under the influence of alcohol leveling 0.192% of the blood alcohol level, without obtaining a driver’s license, from around 5 meters from the front road of the 3rd Jeju-si Mag-dong, Seongbuk-si, Sungnam-si to the front road of the said CU convenience store.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the drivers of the primary drivers and the report on the detection of the primary drivers;

1. Inquiries about licenses;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of each 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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (including cases where driving distance is short and other accidents are not caused);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Article 62 (1) of the Criminal Act);

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