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】 The Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws at the Ulsan District Court on November 30, 2009, and a fine of KRW 3.5 million for the same crime at the same court on March 4, 2016.

【Defendant: (a) around 00:05 on February 12, 2017, the Defendant driven a motor vehicle with approximately 50 meters wide from the front day of the cafeteria of “gambine salt mack” to the front day of the cafeteria in the same Dong, without obtaining a driver’s license; and (b) while under the influence of alcohol 0.102% during blood, the Defendant driven a motor vehicle with B low-speed mack while under the influence of alcohol 0.102%.

Accordingly, the Defendant was punished not less than twice as a crime of violating the Road Traffic Act (drinking) without a driver's license, and driving the said car under the influence of alcohol again.

Of the facts charged, it is obvious that the phrase “a person driving a vehicle which is not covered by mandatory insurance” is a clerical error.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver employed at home, report on detection of the driver employed at home, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the same criminal suspect's records of punishment);

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The possibility of criticism is high in that driving of drinking and driving without a license is not only high in the possibility of the occurrence of an accident and the risk thereof, but also in that the driver was aware of it, and the defendant is in addition to the punishment of driving of the introduced criminal facts.