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 May 16, 2013, the Defendant received a summary order of KRW 2,50,000 from the Ulsan District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 5 million from the same court on December 6 of the same year to a fine of KRW 6,00,000 for the same crime.

On August 18, 2015, at around 21:10, the Defendant, without a driver’s license, driven a section of approximately 1 kilometer from B B before the Yangsan City to the front road of the chemical apartment located in the same Dong, while under the influence of alcohol by 0.086% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the control of drinking driving, making a statement on the circumstances of drinking drivers, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Inquiries and inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of criminal records);

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. Although the Defendant was sentenced to a fine on four occasions due to drinking driving, including the previous conviction in the judgment of sentencing under Article 62-2 of the Criminal Act, the Defendant cannot be exempted from the corresponding punishment in light of the fact that he again committed the instant crime.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that there is no other criminal records other than the above previous conviction and reflective facts, etc.