A defendant shall be punished by imprisonment with prison labor for up to 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 7, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Ulsan District Court on June 16, 2001, a fine of one million won or more for the same crime in the same court on June 16, 2001, and a summary order of six million won or more for the same crime in the same court on October 17, 201, respectively.

On July 1, 2015, the Defendant, without obtaining a driver’s license, driven a 2 km car at the entrance of a park village located in Ulsan-gu, Ulsan-gu, with a blood alcohol content of 0.144%, while under the influence of alcohol, the Defendant driven a 2 km car at the same time from the Do near the Ulsan-gu, Chungcheongnam-gu, Seoul-gu, Seoul-do, to the road located in the same park.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and was driving the said vehicle without obtaining a driver’s license again, and was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. The driver's license ledger and the next registered inquiry;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

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

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. Although considering the fact that probation and community service order had three times the past records of fines of the same kind for the reasons of sentencing under Article 62-2 of the Criminal Act, and once again repeated driving of drinking without license, Defendant should be punished strictly, it is against the fact that the defendant is recognized of mistake, and other factors of sentencing as shown in the records, such as the Defendant’s age, character and conduct, family environment, etc., are considered,