A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.

Criminal facts

【Criminal Records of Crimes】 On March 16, 201, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Ulsan District Court on March 16, 201, a fine of two million won for the same crime in the same court on May 21, 2014, and a fine of seven million won for the same crime in the same court on February 20, 2018.

【The Defendant, a person who had been in violation of road traffic laws two or more times due to drinking driving, driven a vehicle BM5 vehicle without obtaining a driver’s license in the direction of approximately 500 meters from a vehicle under the influence of alcohol 0.128% at a distance of about 50 meters to the terminal distance front of the terminal located in Ulsan-gu, Ulsan-gu, Busan-do, Busan-do. on June 7, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating the driving of alcohol, the statement of the driver's circumstances, and the driver's license register;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 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;

1. The following should be taken into account: (a) the degree of alcohol concentration among blood for the reason of sentencing in Article 62-2 of the Criminal Act: (b) the degree of alcohol concentration is high; (c) the degree of alcohol concentration is high; (d) the second time falls under “the third time class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class class of drinking; (e) the punishment for the last drinking and the distance between time and the use of alcohol in this case is narrow; (e) the Defendant