A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On March 17, 2011, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act, and on September 21, 201, the Defendant was issued a summary order of KRW 7 million for a crime of violation of the Road Traffic Act at the Jung-gu District Court on September 21, 2012.

At around 14:40 on August 27, 2014, the Defendant driven B truck under the influence of alcohol content of 0.117% without obtaining a driver’s license at a section of about 300 meters from the front of the “Gangwon” house located in the water, and from the front of the “Gangwon” house located in the same Do, the Defendant driven B truck under the influence of alcohol content of about 0.117%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has the same power as three-time driving without a license and two-time driving without license; and Article 62 (1) of the same Act (see, e.g., Supreme Court Decision 2009Da14488, Jul. 24, 2014);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;