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

[criminal history] On December 23, 201, the Defendant issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Goyang Branch of the Jung-gu District Court on December 23, 201, and KRW 6 million for a crime of violating the Road Traffic Act (drinking driving) at the same court height support on March 6, 2015.

[Criminal facts] On March 9, 2017, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol concentration of about 0.065% without obtaining a vehicle driver’s license at a section of about 100 meters from the gold village to the front road of the main hospital located in the gold village in the Geumju-si, Geumju-si, Seoul, to the same viewing street.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of this Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of a driver driving, and inquiry into the results of regulating drinking;

1. The driver's license ledger;

1. Previous conviction: Inquiry about criminal history and application of a copy of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Reduction of Quantity (see, e.g., Supreme Court Decision 2006Da1448, Apr. 1, 2007; Supreme Court Decision 2008Da12

1. Article 62 (1) of the Criminal Act (resumed as the grounds for the suspension of execution);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend Courses;