A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On June 18, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 18, 2007, and a fine of three hundred and five hundred thousand won for the same crime at the same court on November 2, 201.

On August 17, 2013, at around 12:25, the Defendant, without a car driver’s license, driven a car at a section of approximately 100 meters from the parking lot of Samsan-dong, Ulsan-dong, Busan-dong to the road front the Taesan-dong, Ulsan-dong, Ulsan-dong, with a blood alcohol concentration of 0.181% under the influence of alcohol without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report and a photograph of the police officer's driver, the executive status of the driver;

1. The driver's license ledger;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of a copy of a summary order), and application of statutes governing summary orders;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a crime of violating the Road Traffic Act of a breath alcohol driving 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;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act on probation and order to attend a lecture is high, and there are many times of force in the same kind, so one is driving at a level of 100 meters after he/she gets under the influence of imprisonment without prison labor.

Since the risk of repeating a crime is recognized by the suspension of execution of punishment by taking account of the fact that it was discovered while stopping and diving, the fact that there was only a fine, the fact that the time has passed from the crime of the same kind of power, the fact that the vehicle is disposed of and is not required to repeat a crime, etc., the probation and compliance driving lecture is added.