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.

Criminal facts

On November 14, 2013, the Defendant received a summary order of fines of one million won or more for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of five million won or more for the same crime at the Changwon District Court on April 10, 2015.

On November 5, 2015, at around 22:05, the Defendant driven B carren vehicles with alcohol content of about 700 meters from the front of a mutually influent restaurant located in the Kim Jong-si, Kim Jong-si to the front of the “ Mando Car Maintenance” in the Kimhae-si, without a driver’s license, while under the influence of alcohol content of about 0.076%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (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. 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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201

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