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 April 1, 2009, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Ulsan District Court on April 1, 2009 and KRW 5 million for the same crime at the same court on September 16, 2015.

The Defendant, who violated Article 44(1) of the Road Traffic Act at least twice, was driving a B-be cargo vehicle under the influence of alcohol leveling 0.12% in blood alcohol level without a driver’s license, on November 11, 2016, when the Defendant was under the influence of alcohol leveling about about 70 meters from the road near Ulsan-gu, Ulsan-gu to the road front of the building located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each photograph;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition (Options of imprisonment);

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