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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 15, 2010, the Defendant was issued a summary order of KRW 1,50,000 by the Ulsan District Court to a fine for a crime of violating the Road Traffic Act, and on February 14, 2013, the Defendant was issued a summary order of KRW 5 million by the same court due to a crime of violating the Road Traffic Act.

On January 10, 2016, the Defendant driven a B-wheeled vehicle under the influence of alcohol content of 0.145% in alcohol without obtaining a motor device license from the front day of the C-Oin Farming City, Ulsan-gu, Seoul-ro, Seoul-ro, 33 on the Dogdong-ro, Ulsan-ro, Seoul-ro, to the front day of the F-ro 256 in approximately 600 meters of alcohol from the front day of the F-ro 256-ro of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. Report on the circumstances of a driver driving, notification of the result of regulating drinking driving, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment provided for a crime of violating the Road Traffic Act and the choice of imprisonment);

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 (see, e.g., Supreme Court Decision 62 (1)