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.

Criminal facts

On January 18, 2010, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act; on March 22, 2010, a summary order of KRW 2.5 million to a fine for the same crime; on July 15, 2014, the Defendant received a summary order of KRW 7 million from the Busan District Court as the same crime.

On April 28, 2015, at around 22:20, the Defendant driven a B SP car with approximately 20 meters alcohol concentration of 0.158%, without a driver’s license, on the 20m section from the front side of the cafeteria, “Korea-Japan-si” restaurant located in Kimhae-si, to the front side of the “Korea-Japan-si” road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution; and

1. Order to attend lectures under Article 62-2 of the Criminal Act;