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.

Punishment of the crime

On August 10, 2007, the Defendant was notified of a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act in the Seo-gu District Court's branch court's order on August 10, 2007. On February 17, 2009, the Defendant was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court's Daegu District Court's Support for Racing, etc. on February 17, 2009. On April 3, 2015, the Defendant was notified of a summary order of a fine of 5 million won

On August 24, 2015, the Defendant, without obtaining a driver’s license on August 24, 2015, driven a B SP car from approximately 500 meters away from the section of 500 meters to the road front of the Ulsan-gu Seoul Metropolitan City, Ulsan-dong Yandong, in a state of drinking 0.138% of alcohol concentration.

Accordingly, the Defendant, who violated the prohibition of drinking driving more than twice, once again driven the said car while under the influence of alcohol, and operated the said car without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of inquiry reports and investigation reports (Attachment to a copy of a summary order);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished four times due to drinking alcohol and driving without a license, and in particular, the Defendant again committed the instant crime without being sentenced to a fine, even though he was sentenced to a fine due to drinking driving not later than four months, and the driver’s license was revoked, etc., it cannot be exempted from the corresponding punishment.