A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 17, 2007, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Busan District Court's Dong Branch, on October 5, 2009, KRW 2 million as a fine at the Ulsan District Court's same crime, and on March 30, 2016, KRW 6 million as a fine at the Ulsan District Court's same crime.

On October 31, 2016, the Defendant driven B automobiles at a 300-meter level from the parking lot of the Seoyang-gu Incheon Metropolitan City Seoyang-gu, Ulsan Metropolitan City, Ulsan Metropolitan City 0.167% under the influence of alcohol without obtaining a driver’s license at around 21:28, the Defendant driven B automobiles at a 300-meter level from the parking lot of the Seoyang-gu, Seosan-gu, Ulsan Metropolitan City to the front of the school southnam-gu, Ulsan

In this respect, even though the Defendant had driven a motor vehicle more than twice, the Defendant again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Driving under the influence of alcohol for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the cases where the suspension of execution is against one another when recognized);

1. Order to attend lectures under Article 62-2 of the Criminal Act;