1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 30, 2012, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (drinking driving) at the Busan District Court on January 30, 201, and a fine of two million won for a violation of the Road Traffic Act at the Busan District Court on September 29, 2017, respectively.

Criminal facts

On October 1, 2017, the Defendant, without a driver’s license, driven a 3 km car from the border university located in the Southern-gu Busan Metropolitan City to the front side of the road in the same Dong, with a 0.150% alcohol concentration in blood without a driver’s license on October 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. Previous offense: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigation (report on the confirmation of the previous history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 (1) and Article 43 (Unlicensed Driving) of the Road Traffic Act, and Article 152 (Unlicensed Driving) of the Road Traffic Act, the selection of imprisonment with prison labor;

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. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;