A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

On November 1, 2007, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act at the Busan District Court on November 1, 2007, and on September 30, 201, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the same court.

On November 13, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle on November 21, 2016, driven Bone Star Co., Ltd at a 0.104% alcohol concentration in the blood, from an influent place (hereinafter referred to as "influent city") at a level below Jinju to the front road of the apartment.

Accordingly, the defendant violated the prohibition of drinking without a driver's license on two occasions, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (verification before drinking driving);

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 (including the fact that there is no criminal record of the same kind exceeding a fine and the fact that the error is pened in depth) in the suspension of execution;