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

On April 23, 2014, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 2 million for a crime of violating the Road Traffic Act at the Ulsan District Court on April 23, 2014, and a fine of KRW 2 million with the same crime at the same court on September 2, 2015.

On July 21, 2016, the Defendant, without obtaining a driver’s license for a vehicle at around 03:00, driven a vehicle with the highest alcohol level of 0.18% during blood while under the influence of alcohol at around 0.118%, from around 6-10, Ulsan-si, Chungcheongnam-si, Ulsan-si, Ulsan-do, to the national highways of about 6km in the front of the construction site of the Ulsan-gun, Ulsan-gun, Ulsan-do.

As a result, the Defendant, who violated Article 44(1) of the Road Traffic Act at least twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. Notification of the results of regulating the driving of alcohol, report on the situation of the driver in charge, and inquiry into the results of regulating the driving of alcohol;

1. A report on occurrence;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal 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 (Options of imprisonment);

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

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