A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On December 29, 2010, the Defendant was sentenced to a fine of KRW 3.5 million by the Ulsan District Court for a violation of the Road Traffic Act (driving), and a fine of KRW 6 million by the same court on September 15, 2014.

Nevertheless, on May 28, 2016, the Defendant driven a motor vehicle under the influence of alcohol at a section of about 30 meters from the Do in front of the Saemaeul Treasury in Ulsan-gu, Ulsan-gu to the Seodong-dong in the same Dong-dong without obtaining a driver's license, and driving a BP motor vehicle under the influence of alcohol at least 0.074% in the blood while under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. 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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Supreme Court Decisions

1. An order to attend a course under Article 62-2 of the Criminal Act;