A defendant shall be punished by imprisonment for 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 November 22, 2007, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. in the Daegu District Court and the Daegu District Court and the Defendant was sentenced to a fine of KRW 2 million for the same crime on July 15, 2015.

On December 6, 2016, the Defendant driven B Oba in the area of about 3 km from the front of the mutual influent restaurant located in Ulsan Nam-gu, Ulsan-gu to the intersection of the 284 academic sexual intercourse, without obtaining a motor device bicycle license under the influence of alcohol content of 0.181% among blood transfusion around 09:20%.

As a result, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking alcohol) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (see the following favorable circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Conditions favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the person is a confession or a driver without a license for bicycle riding device;

1. Unfavorable circumstances: The fact that alcohol content in blood is very high to 0.181% and causes a traffic accident, 4 previous convictions after combining the previous convictions in the judgment, and 2 previous convictions before driving without a license.