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 April 1, 2016, the Defendant issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act at the Busan District Court, and on November 16, 2018, the Defendant filed a request for a summary order of three million won by committing a violation of the Road Traffic Act with the Busan District Court.

On November 17, 2018, at least 02:00, the Defendant driven a FSM3 car, which is owned by the Defendant, under the influence of alcohol concentration of about 0.107% without a driver’s license, from a section of approximately 600 meters from the Cmaart located in the Busan East-gu, Busan to the front road of the E department store located in the same Gu, from around 00 meters to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions indicated in its ruling: Criminal history records, two copies of a summary order of the same kind of power, and the written indictment for the same electric power (No. 2018-type and No. 28021 of the Busan Eastern District Office) shall apply;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da1548, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

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