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

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

Punishment of the crime

On December 24, 2013, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Seoul Southern District Court on December 24, 2013. On January 2, 2014, the Defendant was issued a summary order of 4 million won by a fine for a violation of the Road Traffic Act at the Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Busan District Court's Branch on January 2, 2014. On October 2016, the Defendant had the record of receiving a summary order of 5 million won by a fine for a violation of the Road Traffic Act.

On 22:35 on 26:26:2, the Defendant driven Bone Star Cornex under the influence of alcohol content of 0.116% without obtaining a driver’s license in approximately 2km section from the area near the Seocheon-si Busan National University to the Jungcheon-dong, Seocheon-si, Seocheon-si, Jungcheon-si, Jungcheon-si, to the 57-dong, Jungcheon-si, Seocheon-si, Jungcheon-si.

Accordingly, the defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the state of drinking drivers' state statement, the ledger of driver's licenses, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (report on attachment of judgment related to the same type of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act (the same shall apply to reasons for discretionary mitigation);

1. Social service order under Article 62-2 of the Criminal Act;