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 one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 18, 2006, the Defendant issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act at the Ulsan District Court on March 12, 2007, and a fine of 3 million won by the same court on March 12, 2007. On September 6, 2007, the same court was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (driving) and was sentenced to a fine of 1 million won by the same court on December 16, 2014.

On May 24, 2015, at around 09:25, the Defendant driven Csch Rexroth car under the influence of alcohol content of 0.194% without obtaining a driver’s license from approximately 8km section from Ulsan-gun to about 102, the first apartment in the middle-gu Postal Zone from Ulsan-si to 09:25.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

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

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (attached reporting, such as the same type of criminal records and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same 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. In light of the fact that a majority of the grounds for sentencing under Article 62-2 of the Probation Criminal Act, even though they had the same history of sentencing, and again repeated driving of drinking without a license, Defendant should be punished strictly, but it appears that the aged health conditions are not good, support the wife suffering from brain-diseases, and other conditions of sentencing indicated in the record, the sentence as ordered shall be determined by taking into account the following factors.