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 June 1, 2006, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on December 7, 201, a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) in the same court on December 7, 2010, and a summary order of KRW 2 million as a fine for the same crime at the same court on June 10, 2013.

On August 16, 2014, at around 21:28, the Defendant driven a car with a volume of approximately 500 meters 50 meters away from the port parking lot in the same Eup/Myeon, before the port parking lot in the same Eup/Myeon, without a car driver's license, while under the influence of alcohol with a blood alcohol concentration of 0.12%.

Accordingly, the Defendant, as seen above, driven a motor vehicle without a driver’s license, while driving a motor vehicle under the influence of alcohol at the same time, even though he had the record of being punished for two times or more.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;

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 on the suspension of execution (Consideration to reflect the fact of reflection, the fact of disposing of vehicles, the age of the accused, home environment, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;