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 of the final judgment.

Punishment of the crime

On October 8, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on 2013, and a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Ulsan District Court on 13 May 2014 and was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act on 2 or more occasions.

On August 7, 2014, at around 21:45, the Defendant driven a two-wheeled vehicle with a blood alcohol concentration of at least 0.093% while under the influence of alcohol without obtaining a driver’s license from the Do in front of the overlap in the Northern-dong in Yangsan-si to the 300-meter Do in front of the Haak-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., an inquiry inquiry report, previous records of disposition, reporting on results of confirmation, and application of Acts and subordinate statutes (Attachment to previous and summary orders);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant had already been punished several times due to drunk driving and unlicensed driving, but again driven a motor vehicle while under the influence of alcohol without a driver's license and went to commit the instant crime without a driver's license. Considering the criminal records of the Defendant, the nature of the instant crime is heavy.

However, the defendant has been punished in excess of the fine by the time of this case.