A defendant shall be punished by imprisonment for not less than eight 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

[criminal history] On December 23, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Ulsan District Court, and a summary order of KRW 4 million for the same crime at the same court on March 23, 2016, respectively.

[2] On May 30, 2018, the Defendant driven a motor vehicle with low alcohol level of 0.061% at around 00:30 on May 30, 2018 without a motor vehicle driver’s license, and driven a motor vehicle with low alcohol level of about 2 km from the front of Ulsan-gun C to the front distance intersection of E in D.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, has violated the prohibition of drinking under the Road Traffic Act not less than twice, and has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Statement on the circumstances of the driver at the main driver, investigation report (report on the circumstances of the driver at the main driver), and report on the detection of the driver at the main driver;

1. Inquiries about the results of crackdown on driving alcohol (the evidence list No. 19);

1. The driver's license ledger (the sequence 15 of evidence list);

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (the confirmation of the previous history), and copies of each summary order, shall be applied;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act (hereinafter “reasons for sentencing”), 53 and 55(1)3 of the Act on the Mitigation of Small Quantity, which are favorable to the Defendant

1. Article 62 (1) of the Criminal Act on the suspension of execution (the conditions favorable to the above defendant shall be repeatedly considered);

1. The instant case’s reason for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures.