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.

Punishment of the crime

[criminal history] On May 15, 2009, the Defendant received a summary order of KRW 2 million for a crime of violating road traffic laws at the Ulsan District Court, and a summary order of KRW 4 million for the same crime at the same court on March 13, 2015.

[2] On November 13, 2016, the Defendant, at around 01:05, driven a B motor vehicle under the influence of alcohol concentration of at least 0.163% in a section of about 100 meters from a parking lot for water supply at the 28 Ulleungdo, Ulsan-gu, Ulsan-do, Ulsan-do, to the front day of a grass-gu ridge, without obtaining a driver’s license.

As a result, the Defendant, who had the history of violating the Road Traffic Act (drinking driving) more than twice, driven a motor vehicle under the influence of alcohol again.

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 about criminal history, investigation report (a summary attachment of an order) and statutes;

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 an alternative imprisonment with prison labor (with many records of punishment for the same kind of crime and consideration of the fact that the drinking volume of this case is very high);

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 suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;