A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On January 28, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Busan District Court, and a summary order of KRW 4 million for the same crime at the same court on August 29, 2012, respectively.

[2] On August 16, 2017, at around 03:50, the Defendant driven a Crash car without a driver’s license, while under the influence of approximately 0.069% of alcohol level in the blood alcohol level from around 2km-dong, Busan, the 341-ro, Busan, Dong-dong, to about 48-7.0.

Summary of Evidence

1. Statement by the defendant in court;

1. The result of regulating the driving of alcohol, the statement report on the circumstances of the driving driver, and the driver's license register;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history and report criminal investigation (report attached, such as a copy of the judgment);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment was that the defendant was under probation [one year of probation, who was sentenced to imprisonment for four months due to a crime committed on July 21, 2017 or a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assaults, etc.)]. In addition to the previous conviction in the above judgment, the defendant committed the instant crime even though he had a record of being punished for a fine of five million won due to a crime of violating the Road Traffic Act (Refusal of Drinking Measurement) on April 12, 2016.

In light of this, the defendant shall be punished by imprisonment.

However, if the judgment of this case becomes final and conclusive, the sentence shall be determined in consideration of the facts that the suspension of execution is invalidated, etc.