A defendant shall be punished by imprisonment with prison labor 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

On March 3, 2015, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Busan District Court on March 3, 2015, and a fine of KRW 5 million by the same court on May 24, 2018.

Although the Defendant had been punished twice due to drinking driving, on August 13, 2018, the Defendant driven a vehicle B at the end of approximately 1.5 km from the Hyundai Apartment located in the Nam-gu, Busan, Nam-gu, Busan, under the influence of 0.127% of alcohol level during blood without obtaining a driver’s license around 03:20 on August 13, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving, the statement of the situation of the driver at driving, the investigation report (report on the situation of the driver at driving), the situation of the driver at driving, the report on the situation of the driver without a license, the vehicle driver's license register, the inquiry into the main office, and the management of the reports on the main office;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and report-related Acts and subordinate statutes after confirmation of such minor convictions;

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 stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. An order to attend a lecture or an order to attend a community service order under Article 62-2 of the Criminal Act was issued to the Defendant for the reason of sentencing two times, and in particular, on May 24, 2018, the Defendant committed the instant crime on the ground of the violation of the Road Traffic Act by the court, even though it was issued a summary order of KRW 5 million due to the violation of the Road Traffic Act.

However, the fact that the defendant recognizes the facts charged is seriously against the defendant, and the distance of the vehicle is very long.