A defendant shall be punished by imprisonment for not more than ten 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 June 15, 2007, the Defendant issued, at the Ulsan District Court, a summary order of KRW 700,000 as a fine for a crime of violating the Road Traffic Act, on March 22, 2013, a summary order of KRW 5 million as a crime of violating the Road Traffic Act at the Ulsan District Court on March 22, 2013, and on November 4, 2015, a summary order of KRW 5 million as a fine for a crime of violating the Road Traffic Act at the Ulsan District Court on November 4, 2015.

On February 3, 2017, the Defendant driven Category C car while under the influence of alcohol content of 0.073% without obtaining a driver’s license, from the front side of the south-gu 233, Ulsan-gu, Seoul-ro, Seoul-ro, to the front side of the “strings between winders”, which is located in the 3rd roads of the same month.

As a result, the Defendant, who had a history of violating the Road Traffic Act (drinking driving) more than twice, driven the said vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 4) Acts and subordinate statutes;

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

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 (no punishment for the crime shall be imposed in light of the repetition of the crime committed in the same type, the risk of recidivism, etc., but no punishment for the crime has yet to be granted for the same kind of crime, including the details of the crime committed in the records and pleadings, the degree of reflective attitude including vehicle disposal, and the numerical value of drinking);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the defendant shall choose the suspension of execution, in consideration of repeated circumstances. The defendant shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;