A defendant shall be punished by imprisonment for 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 May 31, 2007, the Defendant was sentenced to a fine of 700,000 won by the Ulsan District Court for a violation of the Road Traffic Act, and on February 7, 2014, the Defendant was sentenced to a fine of 3 million won by the same court as on February 7, 2014.

On June 17, 2014, at around 22:38, the Defendant, without obtaining a motorcycle driver’s license, driven C Oba in front of the Defendant’s house located in Ulsandong-gu B, Ulsandong-gu to the front direction of the same Gu Seodong-dong community service center, under the influence of alcohol content of 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving at least twice shall be punished more strictly.

It is the sentencing factor favorable to the defendant that the defendant has the criminal history above the suspended sentence, and that the defendant has no criminal history above the suspended sentence.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the sentence shall be determined as per the order and the execution of the sentence shall be suspended, but community service and compliance driving lecture shall be ordered.