A defendant shall be punished by imprisonment with prison labor for up to 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.

Criminal facts

On September 2, 2015, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic laws at the Ulsan District Court on September 2, 2015, and a fine of KRW 1.5 million for a crime of violation of road traffic laws at the Ulsan District Court on August 17, 2016.

Nevertheless, around 02:35 on February 5, 2017, the Defendant driven B Mtz bow car under the influence of alcohol content of 0.085% while under the influence of alcohol while under the influence of alcohol content in the blood, without obtaining a driver’s license, from the front line of the apartment commercial building in the U.S., U.S. located in the Eup-gu, Ulsan-gun, Ulsan-gun, U.S., Seoul-do, to the long distance of the bank located in 104 in the same Gun/Gu-ro 104.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least twice without a driver’s license, and driving the said car under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement report on the circumstances of driving of alcohol, inquiry of the results of crackdown on the driving of alcohol, photographs on the crackdown site, and the register of driver'

1. A report on internal investigation ( On-site conditions and statement of a suspected suspect);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (referring to the previous review of criminal history);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the provision of protection and observation, and the provision of an order to attend a lecture, is high in the possibility and risk of the occurrence of an accident, and the driver himself/herself knew of the occurrence of an accident, and the driving of the instant drinking is likely to be criticized. The driving of the instant drinking at the same time as the third driving of the drinking without a license.