1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 25, 2002, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Busan District Court on November 25, 2002; a fine of KRW 2 million for the same crime at the Seoul District Court on February 27, 2006; a fine of KRW 1 million for a violation of the Road Traffic Act (unlicensed driving) at the same court on December 11, 2006; a fine of KRW 1 million for the same crime at the same court on January 2, 2009; a fine of KRW 4 million for a violation of the Road Traffic Act at the Busan District Court on May 16, 2013; and a fine of KRW 1 million for a violation of the Road Traffic Act (licensed driving) at the same court on April 7, 2015; and a fine of KRW 200,000,000 for a violation of the Road Traffic Act at the same district court on July 26, 2015.

2. On December 23, 2017, the Defendant, without a driver’s license, driven a first-hand car with approximately 0.101% alcohol while under the influence of alcohol during blood, and 0.101%, carried out approximately 500 meters from a written pen near the main point of “Serid” located in the Busan Jin-gu, Busan, to a road located in the same Dong.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement of the circumstances of the driver at home;

(c) Notification of the results of regulating drinking driving;

(d) The driver's license ledger;

2. The records of the offense;

(a) a response to inquiries;

(b) Application of Acts and subordinate statutes to inquire about the crackdown on drinking driving;

1. Relevant legal provisions concerning criminal facts;

(a) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act;

(b) Driving under drinking: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

2. 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).

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

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Reasons for sentencing under Article 62-2 of the Criminal Act to observe and order to observe the protection.

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. Determination of sentence;