A defendant shall be punished by imprisonment for not more than ten 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 August 9, 2010, the Defendant issued, at the Ulsan District Court, a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 3.5 million for a fine due to the same crime in the same court on June 21, 201, and a summary order of KRW 5 million for the same crime in the same court on June 3, 2015, respectively.

On May 7, 2017, the Defendant driven a DSS5 car under the influence of alcohol content of 0.113% while under the influence of alcohol content at around 300 meters, without obtaining a driver’s license on the front road of “Ulsan-dong” located in Ulsan-gu, Ulsan-gu, Ulsan-do, Seoul-do.

As a result, the defendant driving a motor vehicle without a driver's license, and at the same time, violated Article 44 (1) of the Road Traffic Act not less than twice, and drives a motor vehicle under the influence of alcohol.

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 convictions in judgment: Inquiry about criminal history and the application of investigation reports (netly 10) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to mitigate the amount of punishment (i.e., repetition of the same type of crime, risk of repeating a crime, and degree of drinking up to 0.113%), taking into account the following circumstances: (i) there has been no record of punishment heavier than the suspension of execution due to the same kind of crime; (ii) there has not yet been any record of criminal punishment heavier than the suspension of execution due to the same crime; or (iii) other circumstances, such as the details of the crime committed in the records and pleadings, and degree of

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;