A defendant shall be punished by imprisonment for not less than eight 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 February 9, 2009, the Defendant issued, at the Changwon District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on April 1, 2015, a summary order of KRW 3 million for the same crime at the Ulsan District Court.

On April 17, 2018, at around 00:10, the Defendant driven B Poter cargo under the influence of alcohol content of 0.144% while under the influence of alcohol while driving a motor vehicle without obtaining a driver’s license in approximately 1km section from the front of a restaurant in the name of “Jari Yaung-dong,” which is located in the same city and vice-dong from the Do to the Quaker Quak-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and Acts and subordinate statutes of investigation report (Attachment to 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 the amount of punishment (see, e.g., Supreme Court Decision 2007Da14488, Apr. 1, 2007) (see, e.g., Supreme Court Decision 2008Da1248, Apr. 2, 2008)

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

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