A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On September 22, 2006, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act. On June 2, 2017, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more as above, on March 8, 2019, at around 22:2:23, the Defendant driven a BNH car without obtaining a driver’s license with blood alcohol concentration of about 0.062% in the 2km section from the south-gu, Ulsan-gu, Ulsan-gu to the academic intercourse in Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 148-2 (1) 1, Article 44 (1), Article 152 Subparag. 1, and Article 43 of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Although the sentencing of Article 62-2 of the Criminal Act provides for the reasons for sentencing, it is possible to have the record of punishment for Defendant under the influence of alcohol without obtaining a license for driving without a license, the vehicle is disposed of by taking account of the following factors: the Defendant’s age, occupation, character and behavior, family relation, living environment, circumstances leading to the crime, circumstances after the crime, etc.; and the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, personality and behavior, family relation, living environment, circumstances leading to the crime, etc.; the execution of the sentence is suspended and community service