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 May 10, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Ulsan District Court, and issued a summary order of KRW 6 million for the same crime on September 4, 2014.

On September 18, 2015, the Defendant, who had a drinking power twice or more, driven a DNS car under the influence of alcohol with a blood alcohol concentration of 0.074% without a driver’s license, on the front of a cafeteria of the “Uamamamamamamamb,” located in the Kim Young-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act (driving and driving without a license), notification of the results of the regulation of drinking driving, report on the circumstances of drinking drivers, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses;

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

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 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. Article 53 or 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include not only the fact that the defendant was sentenced to a fine for a violation of the Road Traffic Act, but also the fact that the defendant again committed the crime of the same kind, which was sentenced four times more, as stated in the facts constituting the crime in the judgment of the court below, are the grounds for sentencing unfavorable to

However, there are some points that can be considered in light of the defendant's mispercing and reflecting the defendant's mispercing in depth, and the circumstances leading to the drunk driving, and that the blood alcohol concentration level at the time of the pertinent drunk driving is merely the level of suspension of license.