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.

Punishment of the crime

On December 1, 2006, the Defendant issued a summary order of KRW 3 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving), on January 2, 2009 for a violation of the Road Traffic Act (drinking driving), a summary order of KRW 3.5 million for a violation of the Road Traffic Act (drinking driving) at the same court on August 14, 2009, a summary order of KRW 1.5 million for a violation of the Road Traffic Act (drawing driving) at the same court on March 12, 2010, and a summary order of KRW 3.5 million for a violation of the Road Traffic Act (drawing driving) at the same court on August 23, 2011, respectively.

On February 20, 2016, the Defendant driven a C truck without a driver’s license with approximately 100 meters distance from the southyang Agricultural Village located in Namyang Eup, Namyang-gu, Namyang-si, Namyang-do, to the Hawn-si in the same Ri, and without a driver’s license, while under the influence of alcohol leveling to 0.098% in blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the 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 an alternative imprisonment with prison labor (including the fact that there are many previous convictions driving under drinking and driving without obtaining a license, and the fact that there is no previous conviction exceeding the fine);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;