A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Records] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Jung-gu District Court on May 16, 2013, and was sentenced to a suspended sentence of KRW 1.5 million for a crime of violating the Road Traffic Act on April 24, 2017 by the same court on April 24, 2017 and three years for a suspended sentence.

5.2 The judgment became final and conclusive.

[2] Although Defendant 1 had been driving at least twice as indicated in the record of the above crime, Defendant 2 driven a vehicle with approximately KRW 7 km C 10km at the same time on the front of a restaurant in the name of the head Dong, Namyang-si without a driver’s license, while under the influence of alcohol at around 22:30 on April 27, 2017, while driving a vehicle with approximately 0.124% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. A previous conviction: Application of a reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction before and after the disposition, two copies of the investigation report (Attachment to the previous conviction and 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55(1)3 (see, e., Supreme Court Decision 2007Da14488, Apr. 2, 2007) of the Act on Reduction of Small Quantity, etc.) is that the Defendant had two-time driving criminal records of drinking, and one-time driving of drinking and non-driving of drinking while waiting for a trial due to a criminal act causing a traffic accident due to drinking and drinking. However, the previous decision of probation was rendered.