A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

In Gwangju District Court, the Defendant received a summary order of KRW 3,00,000 on March 3, 200, and fine of KRW 2,000,00 on August 8, 2013.

On March 31, 2014, at around 22:55, the Defendant driven a Bsch Rexton car under the influence of alcohol level 0.073%, without obtaining a driver’s license, from the front of the Southern-si, Chungcheongnam-si, Chungcheongnam-si to the front road of the Changju Oil Station No. 452-ro, Nam-gu, Gwangju, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act due to a heavier drinking operation, and the choice of imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the defendant has no previous conviction in excess of the fine and the repeated reasons for discretionary mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;