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 June 15, 2007, the Defendant issued, at the Ulsan District Court, a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), and at the same court on August 3, 2009, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), and on February 10, 2015, a summary order of KRW 5 million for the same crime was issued by the same court.

On August 24, 2015, the Defendant, without obtaining a driver’s license for a vehicle at around 23:10, driven a BMF5 vehicle from around 2 km to the front of the viewing distance in front of the competent cancer market in Ulsan-gu, Ulsan-gu, under the influence of alcohol content of 0.117% in blood during the blood.

As a result, the defendant was sentenced to criminal punishment twice or more due to drinking, but he was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and an accident scene photograph;

1. A report on detection of a driver of a driving school, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of a driving school;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (Attachment of relevant case rulings);

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been subject to four times punishment due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking is more strictly punished.

The defendant's criminal history is against the defendant while committing a crime, and the defendant has the same criminal history as the suspended sentence.