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 a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On October 8, 2013, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act (dacting driving), and a fine of KRW 3 million for the same crime at the same court on April 27, 2016.

【The Defendant driven the B K5 vehicle from the 100-meter section to the front road of the gold tower authorized broker office located in the same Ri, under the influence of alcohol content of 0.116% in blood while under the influence of alcohol without obtaining a driver’s license on June 10, 2017.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection, such as a violation of traffic laws on roads, a statement in the circumstances of a driver who takes the driving, and a license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures fall under the three-way driving of drinking at once, and the driving without a license at the same time, and the amount of alcohol concentration in the blood of this case is high: Provided, That the distance of driving without a license for drinking is short, and the defendant has no other penalty, other than the sentence of a fine for driving under drinking at one time as indicated in the judgment of the court below, shall be taken into account;