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 17, 2006, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act, and a fine of KRW 4 million as a same crime in the same court on September 5, 2013.

The defendant is a person who is engaged in driving of C New Zealand XD car.

On December 6, 2013, at around 22:25, the Defendant, without a car driver’s license, driven the said vehicle from a section of approximately 1.5 km alcohol level to a 0.097% under the influence of alcohol level from the front side of a mutually influent restaurant near the Hyundai Heavy Industries Marine Business Department located in Ulsan-dong, Ulsan-gu to the front road of the defensive Dong-dong Defensedong Resident Center located in Ulsan-dong.

Accordingly, the Defendant, as seen above, was driving a motor vehicle under the influence of alcohol twice or more without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of summary order) Acts and subordinate statutes;

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant repeats the same kind of crime even though he/she had been punished twice due to drinking driving, and the current Road Traffic Act stipulates that the person who has violated the prohibition of drinking driving at least twice shall be punished more strictly.

It is true that the defendant is starting to commit a crime and is against the defendant, and that the defendant has no criminal records above the suspension of execution.