A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

[criminal power] On June 19, 2012, the Defendant was sentenced to a fine of three million won for the crime of violating the Road Traffic Act at the Ulsan District Court on June 19, 2012 and a fine of seven million won for the same crime from the Jinwon District Court on April 8, 2016.

【Criminal Facts】

On June 16, 2016, the Defendant, without obtaining a driver’s license at around 20:53, driven BFD car from around seven kilometers from the Do in front of an influent restaurant in Ulsan-gu Multi-dong to the clux in the same Dong-dong in the state of alcohol concentration of 0.059%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, driving a motor vehicle under the influence of alcohol again, and driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, inquiry of the results of the control of drinking driving, and the register 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, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

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

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act is not applied to the quality of the crime in that the crime was committed immediately after being sentenced to a fine for the same crime);

1. Order to attend lectures under Article 62-2 of the Criminal Act;