A defendant shall be punished by imprisonment for six 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.

Punishment of the crime

The Defendant was issued a summary order of KRW 2.5 million by the Ulsan District Court on July 10, 2007, with a fine of KRW 2.5 million and a fine of KRW 4 million by the same court on April 8, 2015.

On January 16, 2016, the Defendant: (a) obtained a driver’s license in a section of about 500 meters from the parking lot of the "Uljin-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, to the 62 intersection of the same Namsan-do; (b) obtained a driver’s license in a section of about 500 meters from the same Namsan-do, and driven a car under the influence of alcohol content of 0.185% while under the influence of alcohol during blood.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment of any punishment provided for a crime of violating the Road Traffic Act with more severe punishment and choice of imprisonment);

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 (see, e.g., Supreme Court Decision 62 (1)

1. An order to attend a course under Article 62-2 of the Criminal Act;