A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On October 29, 2008, the Defendant received a summary order of KRW 1 million from the Busan District Court's branch to a fine of KRW 1 million for a violation of the Road Traffic Act, and a fine of KRW 6 million for a violation of the Road Traffic Act from the Ulsan District Court on March 29, 2012.

On March 6, 2013, at around 00:31, the Defendant driven a Chand motor vehicle with a blood alcohol content of at least 0.229% while under the influence of alcohol without obtaining a driver’s license from the 1km section from the 449-9-9-9 to the river front of the river basin located in Ulsan-do, Ulsan-do, Ulsan-do to the river.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

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

1. Article 62-2 (1) and the proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;