A defendant shall be punished by imprisonment for not less than eight 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 April 29, 2015, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Ulsan District Court on April 29, 2015, and on October 10, 2017, the same court received a summary order of a fine of four million won for a crime of violating the Road Traffic Act.

On February 7, 2018, the Defendant driven a vehicle of approximately 100 meters in front of the yellow-gu Hacheon-dong, Ulsan Metropolitan City, one of the following: (a) the Defendant was under the influence of alcohol with a blood alcohol concentration of at least 0.122% without a driver’s license, and driven a vehicle of approximately 100 meters in front of the yellow-gu Hacheon-dong, Ulsan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (a copy of the previous summary order attached thereto);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense (the choice of each disciplinary type)

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

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;

1. For the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the court shall take into account the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime and circumstances after the crime, etc., and determine the same sentence as the order, and suspend the execution thereof and order community service.