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.

1. On February 10, 2004, the Defendant has a record of criminal punishment of a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court on February 10, 2004, and a fine of three million won for the same crime at the same court on July 12, 2011.

피고인은 2015. 12. 9. 05:55 경 혈 중 알콜 농도 0.186% 의 술에 취한 상태로 부산 중구 남포동에 있는 자갈치시장 앞 노상에서 같은 동에 있는 충 남산 꼼장어 앞까지 약 50m 구간에서 B 차량을 운전하였다.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said vehicle without a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (for the use of a drinking-free measuring instrument);

1. The driver's license ledger (Evidence No. 2 of the evidence list);

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following normal consideration):

1. The fact that there is a very high level of normal drinking value unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, and in particular, the driving distance is short and reflects the fact that there is a short range of driving distance, and there is no record of criminal punishment exceeding the fine due to drinking, and the punishment is determined as ordered by taking comprehensive account of the defendant's age, sex, environment, circumstances leading to the crime, circumstances after the crime, etc.