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

On September 7, 2011, the Defendant was issued a summary order of KRW 7 million by the Ulsan District Court for a violation of the Road Traffic Act (drinking driving), and a fine of KRW 5 million by the same court on November 26, 2014.

On July 26, 2016, around 23:02, the Defendant driven a B rocketing car without a driver’s license, while under the influence of alcohol leveling 0.202% of alcohol level, on the front road of the “mar An apartment complex” located north of the upper latitude in Yangsan-si, Yangsan-si.

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 written inquiry about the results of regulating driving of drinking, notification of the results of regulating driving of drinking, and statement of the situation of the driver of drinking;

1. A motor vehicle driver's license ledger, a chassis, a mandatory insurance inquiry report, and an inquiry report about the main office;

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 Criminal Act of the Commercial Competition (Options 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., Article 62 (1) of the Criminal Act;

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