A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 25, 2014, the Defendant was punished by a fine of three million won for a violation of road traffic law at the Ulsan District Court on August 25, 201, and eight million won for the same crime at the same court on November 23, 2014.

Although the Defendant had been driving two or more times, on April 30, 2016, the Defendant driven B passenger cars with alcohol concentration of 0.060% while under the influence of alcohol level of 0.060% at approximately 50 meters from the main point in the south-dong Samsung Apartment apartment around Ulsan-dong Samsungdong, Ulsan-gu to the front day of the same East dong dong B, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (verification as to whether driving license is revoked);

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 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 (see, e.g., the details of the crime, the driving distance, the degree of alcohol concentration in the blood, the health status, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;