A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 26, 2013, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Ulsan District Court on July 26, 2013, and on April 9, 2014, the Defendant was issued a summary order of 2.5 million won for the same crime at the same court.

On December 29, 2015, the Defendant driven B passenger cars under the influence of alcohol content of 0.121% in blood while under the influence of alcohol without obtaining a driver’s license from the front of the “Yanandong-dong, Ulsan-gu, Ulsan-gu, Seoul-do, to the vicinity of the route of the new-dong industrial tower.

As a result, the Defendant, who had a history of violating the Road Traffic Act (drinking) more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

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. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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 stay of execution (see, e.g., circumstances leading to the crime, the fact that the defendant is seriously against him);

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