A defendant shall be punished by imprisonment for six months.

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.

Punishment of the crime

On January 29, 2017, the Defendant driven a vehicle with a alcohol level of 0.061% from blood alcohol level around 03:49, the Defendant, without obtaining a driver’s license, and driving a vehicle with approximately KRW 35 km in the section of the 35 km away from the roads near Seocheon-dong, Busan Metropolitan City to the point of 138 km in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of regulating the driving of drinking and a letter of measuring the driver's drinking;

1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. For the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Order to Attend, the punishment as ordered shall be determined by taking into account all the various circumstances, including the following circumstances, such as the age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The defendant has been sentenced to a fine for three times in a short period since 2015 due to drinking or non-licenseless driving in a short period of time. The defendant has been sentenced to a fine for three times in a short period of time after 2015.