A defendant shall be punished by imprisonment for not less than eight 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 July 11, 2016, the Defendant received a disposition to transfer juvenile protection cases from the Ulsan District Prosecutors' Office to a violation of the Road Traffic Act (driving) and received a summary order of KRW 3 million for the same crime from the Ulsan District Court on February 12, 2019, and violated the obligation under the Road Traffic Act to not drive a vehicle under the influence of alcohol at least twice.

On April 15, 2019, at around 23:28, the Defendant driven a motor vehicle with D low alcohol level of 0.083% under the influence of alcohol without obtaining a driver’s license from around “C” restaurant near Ulsan-gu, Ulsan-gu, to around 1.5km.

Summary of Evidence

1. Defendant's legal statement;

1. The register of driver's licenses, and the report on the actual state of driver's licenses;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of sound driving records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition, the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The fact that probation, an order to attend a lecture, or an order to attend a community service order recognizes the facts charged of sentencing under Article 62-2 of the Criminal Act, the fact that there is no criminal record exceeding fines, and that one of the records of drinking driving is a juvenile committed is favorable to the defendant

On the other hand, the fact that there are two times of drinking driving skills and one time of driving without a license, and that the crime was committed in this case when one year has not passed from the final force of drinking driving is disadvantageous to the defendant.

In addition, the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant's age, environment and motive for crime.