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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 April 26, 2010, the Defendant received a summary order of KRW 2 million from the Ulsan District Court to a fine of KRW 1 million due to a crime of violating the Road Traffic Act (drinking), a summary order of KRW 1 million due to a crime of violating the Road Traffic Act (drinking), and a summary order of KRW 6 million from the Ulsan District Court to a crime of violating the Road Traffic Act (drinking) at the Ulsan District Court on May 10, 2016, respectively.
On November 24, 2016, the Defendant driven B K7 car under the influence of alcohol content of 0.082% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 500 meters from the front of the “Yinjin Sea State” in Jeju Island to the front of the “Yinjin Sea State”, which is located in the same city-based fence, to the road.
As a result, the Defendant, who had a history of violating the Road Traffic Act (drinking driving) more than twice, driven the said vehicle without obtaining a driver's license under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
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 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;