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A defendant shall be punished by imprisonment for 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.
Reasons
Punishment of the crime
On November 28, 2008, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on November 28, 2008, and a fine of KRW 3 million on December 27, 2010 by the same court as the same crime, etc. and was punished two times or more for a drunk driving.
On July 9, 2013, at around 21:40, the Defendant, without a driver’s license, driven Csch-ton car at a section of about 200 meters from the front of the defensive Dong-dong, Ulsan-gu, to the front of the defensive Dong-dong community service center located in the same Dong, while under the influence of alcohol by 0.120 percent of the blood alcohol concentration without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. A driver's license inquiry;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, 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 Concurrent Crimes;
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;
1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;