A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal history] On November 9, 2012, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic law at the Seoul Western District Court, and on February 13, 2017, a summary order of KRW 2 million for the same crime at the Incheon District Court.

[2] On March 3, 2017, the Defendant, without a vehicle driver’s license, driven a motor vehicle with approximately five kilometers in volume C and Ⅲ, from the bio flue distance to the end of the rest area located in the Jeju-ro 2687 at Jeju, while under the influence of alcohol by 00:08 to 0.07% of alcoholic content during blood, without a vehicle driver’s license.

As a result, the defendant, even though he had a driving force twice per week, has driven a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to 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 for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14488, Apr. 2

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;