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

[criminal power] On April 5, 2010, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court, and was sentenced to a fine of seven million won by the same court on August 8, 2013.

【Criminal Facts】

On November 7, 2014, at around 22:11, the Defendant driven a B rocketing car with a blood alcohol content of about 0.165% under the influence of alcohol without a vehicle driver’s license at a section of approximately 1.5km from the front side of the Seoyang-gu, Ulsan-gun apartment located in Ulsan-gun, Ulsan-do to the front side of the Gansan-gun apartment located in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Criminal records, investigation reports (suspects' previous records and reports), and application of two copies of written judgments to Acts and subordinate statutes;

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 view of the fact that probation and community service order Article 62-2 of the Criminal Act have many same records of sentencing, but again repeated driving of drinking without a license, Defendant should be punished strictly.

However, the sentencing conditions in the records, such as the fact that there is no record of crime other than fines, and the defendant's age, character and conduct, family environment, etc. shall be determined as per the disposition.