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

Punishment of the crime

[criminal history] On August 24, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating road traffic laws at the Seoul Southern District Court on August 24, 2012, and on December 17, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for six months with labor for the same crime at the Incheon District Court on December 17, 2015, and the said judgment became final and conclusive on December 25, 2015.

[2] The Defendant, as seen above, was a person who has violated Article 44(1) of the Road Traffic Act twice or more, driving a D BF motor vehicle under the influence of alcohol concentration of about 0.13% without obtaining a driver’s license from an insular place located in the upper east-si, Bupyeong-si, Busan to about 300 meters in the section of about 300 meters from the 4.06:46 on November 4, 2017 to the 69-do road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, report on the situation of driving of drinking, report on the circumstances of driving without a license, and the register of driver

1. Previous convictions in judgment: Application of a reply to inquiry, text of judgment, and summary order, such as criminal history;

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. 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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant had been under suspension of execution due to the same drinking driving (which is limited to the current suspension of execution) and the quality of the crime is very poor. However, the defendant's mistake is against himself/herself, and other circumstances such as the defendant's character and conduct, the circumstances leading to the criminal act (which was so-called so-called after lodging at the neighboring telecom) and the circumstances after the crime are considered, and the punishment is determined as ordered.