A defendant shall be punished by imprisonment for six months.

However, the execution of the above imprisonment shall be postponed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On April 10, 2007, the Defendant was sentenced to a fine of KRW 2 million by the Ulsan District Court for a crime of violation of road traffic laws (driving), and a fine of KRW 5 million by the same court on September 2, 2015, for a crime of violation of road traffic laws (driving under drinking), respectively.

[Criminal facts] On June 13, 2016, the Defendant driven a approximately 50m distance from the front road to the front road of the night road of the same night road in Ulsan-gu with alcohol content of 0.151% under the influence of alcohol without a driver’s license for a bicycle, around 21:10 on June 13, 2016.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiries about criminal history, and application of Acts and subordinate statutes on investigation reports (verification of drinking driving records);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of licenseless driving of otobb) concerning facts constituting an offense;

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who violates the Road Traffic Act due to a heavy drinking driving, shall be punished, but the punishment shall be chosen by imprisonment);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., simple drinking, driverless driving without a license; there is no record of criminal punishment exceeding a fine; there is no reflective fact; and etc.);

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

1. An order to attend a course under Article 62-2 of the Criminal Act;