A defendant shall be punished by imprisonment for not more than ten 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

On July 22, 2009, the Defendant was sentenced to a suspended sentence of 6 months by committing a violation of the Road Traffic Act at the Busan District Court, etc., and was issued a summary order of 5 million won by the same court on October 15, 2013.

On May 5, 2016, the Defendant, without obtaining a driver’s license at around 04:15, driven B car in the section of approximately two kilometers from the roads near the resignation ground located in the Busan Dong-dong, Busan, to the roads near the Mancuk-dong located in Busan, under the influence of alcohol concentration of 0.124%.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. A report on investigation (Drivers' licenses and data on the registration of teas);

1. Previous records: Application of each copy of judgment and summary order, and criminal records-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act are three times due to a normal drinking run disadvantageous to the reason of sentencing, and two times due to a licenseless driving, and one time due to a drunk driving and a licenseless driving, which has recognized and reflected the favorable mistake of the fact that the instant crime was committed, and the driving distance is not relatively long, and there is no record of criminal punishment exceeding a fine since July 2009. In addition, the sentence is determined as per the disposition, comprehensively taking into account the Defendant’s age, character and behavior, environment, background leading to the relevant crime, circumstances after the relevant crime, etc.