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 two years from the date this judgment becomes final and conclusive.

Criminal facts

On April 4, 2011, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act at the Ulsan District Court on April 4, 201 and a fine of KRW 4 million for the same crime at the same court on June 14, 2017.

On July 28, 2017, the Defendant driven a car owned by the Defendant 2 km E320 mp. from the front side of the “Flive-ro 419 (Ulsan-dong)” to the yellow-ro 10 km in Ulsan-gu, Ulsan-gu without a driver’s license, in the state of drinking alcohol content of 0.078% among blood transfusion around 13:50, the Defendant driven a car owned by the Defendant from the front side of the “Flive-ro 419 (Ulsan-dong)” to the yellow-ro 10 km in Ulsan-gu, Ulsan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a driver driving, inquiry of the results of crackdown on drinking driving, inquiry into the register of driver's licenses for motor vehicles;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting 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. The punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment shall be imposed on a person who violates the Road Traffic Act with more severe 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. Social services and orders to take lectures under Article 62-2 of the Criminal Act;