A defendant shall be punished by imprisonment for six months.

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

Criminal facts

On March 10, 2008, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act at the Changwon District Court on March 10, 2008, and a summary order of KRW 3 million with a fine for a violation of the Road Traffic Act at the Changwon District Court Support on November 16, 2016, respectively.

On August 8, 2017, the Defendant, without obtaining a driver’s license at around 00:00, driven a vehicle of 122 square meters in the section of about 300 meters, from the front of the Chang-si 259 GS convenience store to the front of the store in Chang-si, as the Defendant was under the influence of alcohol of 0.142% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act include: (a) the Defendant’s mistake in depth and reflects the Defendant’s depth; and (b) there are other circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime; and (c) the means and results of the instant crime; (d) the circumstances after the commission of the crime; (b) the Defendant’s age, sexual conduct, intelligence and environment; and (c) various conditions of sentencing indicated in the records and arguments, including criminal records and arguments.