A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 15, 2010, the Ulsan District Court issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act, and on November 23, 2012, the same court was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act on November 23, 2012, and on February 12, 2015, the same court was sentenced to a suspended sentence of two years for a suspended sentence of eight months for a crime of violating the Road Traffic Act.

On September 4, 2016, the Defendant driven a 300-meter radius from the front of the Confucian School located in Ulsan-gu, Ulsan-do to the Northern Intersection located in the same Dong-dong, the Defendant driven a eropoch-car under the influence of alcohol content of about 0.115% without obtaining a driver’s license, while under the influence of alcohol content of 0.15%.

As a result, the Defendant, without a driver's license, driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement and the defendant's defense counsel made a statement to the purport of confession in the court, but after the conclusion of the pleadings, they asserted that "the special character arose from drinking alcohol of 0.115% due to lack of body and water surface, and the defendant did not actually have the intention to drive drinking at the time" in the written argument submitted after the conclusion of the pleadings. Thus, the defendant's assertion cannot be accepted when compiling various evidences duly adopted.

1. Inquiries about the results of crackdown on driving alcohol and reporting on the situation of driving alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly six times) Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act for the mitigation of small amount of punishment (including sentencing in consideration of the following sentencing), 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1548, Apr. 2, 200