A defendant shall be punished by imprisonment for up to seven 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.

Criminal facts

【Criminal Records of Crimes】 On August 18, 2010, the Defendant was sentenced to a fine of one million won for a violation of road traffic laws at the Ulsan District Court, and a fine of three million won for the same crime at the same court on October 22, 2015.

(2) On May 2, 2018, the Defendant driven a car with no driver’s license from around 100 meters away from May 2, 2018 to around 0.167% alcohol level in blood while under the influence of alcohol level from around 100 meters to around 0.167%.

Accordingly, the Defendant, while driving a motor vehicle without obtaining a driver's license, was in violation of the duty not to drive a motor vehicle at the same time more than twice, and was driving under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, the ledger of driver's licenses, and a circumstantial report on driving without licenses;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, reports on criminal investigations (reports on such criminal records and reports on personal names);

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. In light of the fact that the level of alcohol concentration is high in the blood for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of alcohol concentration is high, the driving without a license, and the driving without a license in 2015, the driving of a vehicle driving under the influence of alcohol at the time of committing a crime of violating the Road Traffic Act (driving) in 2015 is likely to repeat again at once, the Defendant’s mistake is against the Defendant, and there is no record of punishment other than the stated crime.