A defendant shall be punished by imprisonment for 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

피고인은 2013. 5. 10. 22:25경 울산 울주군 청량면 상남리 덕하시장에 있는 “떡볶이랑 순대랑” 분식집 앞 노상 약 5m구간에서 혈중알코올농도 0.230%의 술에 취한 상태로 자동차운전면허 없이 B 크레도스 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement C and D;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. The actual condition survey report and photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act.

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 crime despite the fact that the defendant had been punished twice drinking driving, the higher drinking driving level of this case, and the current Road Traffic Act provides that the person who violated the prohibition of drinking driving at least twice or the blood algo concentration exceeds 0.2%, which is disadvantageous to the defendant.

The fact that the defendant has committed a crime and is divided, that the defendant has no criminal records above the suspension of execution, and that the victim of a traffic accident has agreed with the victim is an element of sentencing favorable to the defendant.

Other conditions of sentencing, such as the age, character and conduct, motive, means and result of the crime, the circumstances after the crime, etc., shall be determined as per the order.