A defendant shall be punished by imprisonment with prison labor for not more than ten 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.

Criminal facts

On October 12, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on December 26, 201, a fine of KRW 4 million for a violation of the Road Traffic Act at the Ulsan District Court on December 26, 2013, and a fine of KRW 5 million for a violation of the Road Traffic Act at the Ulsan District Court on January 6, 2016.

On April 15, 2017, the Defendant driven B K7 automobiles without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.153% from approximately 10m to around 34-6 in the south-gu, Ulsan-gu, Seoul-do, 2017, 34 Do-ro 38-8.

As a result, the Defendant, who had the power of violating the Road Traffic Act (drinking driving) more than twice, once again driven the said vehicle while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident occurrence report, on-site map, actual condition survey report, field photograph, report on detection of a primary driver, report on the circumstances of the primary driver, report on the vehicle driver, and the ledger of driver's licenses;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes for investigation reports (verification of the history of punishment for driving a suspect drinking);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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, including the provision of an order to observe and attend a lecture, is not only high in the possibility of occurrence of an accident and the risk thereof, but also in that the driver himself/herself knew of the occurrence of an accident, and the defendant is likely to be criticized prior to the introduction of a crime.