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.

Punishment of the crime

On October 13, 2006, the Defendant was sentenced to a fine of four million won due to a violation of the Road Traffic Act (drinking), etc. at the Ulsan District Court on April 26, 201 to a summary order of five million won due to a violation of the Road Traffic Act (drinking), etc. at the same court on April 26, 201, and on December 2, 201, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (drinking).

On October 17, 2015, the Defendant driven a motor vehicle with approximately 1 km section from the front of the Gulsung Guldong in Ulsan-gu, Ulsan-do to the Amoter road located in 149 in the same academic street, without obtaining a driver's license, while under the influence of alcohol content of about 0.064% in blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 Commercial Concurrent Crimes Act (Punishment of any punishment provided for a crime of violating the Road Traffic Act with more severe punishment and choice 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. The sentencing of Article 62-2 of the Social Service Order Criminal Act is likely to be subject to criticism for again committing the crime despite the fact that the accused had been punished for the same kind of crime several times.

However, it is not severe to take the main place, and the defendant disposes of a vehicle to another person and does not drive it in the future, and the defendant shall determine the punishment as ordered in consideration of all kinds of sentencing conditions, such as the defendant's age, sex, environment, etc.