A defendant shall be punished by imprisonment with prison labor for up to six 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 March 25, 2010, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine of KRW 3 million for a crime of violating the Road Traffic Act, and on March 7, 2018, the Ulsan District Court received a summary order of KRW 3 million for a crime of violating the Road Traffic Act.

【The Defendant driven a B rocketing vehicle under the influence of alcohol content of about 2 km from around 0.154% to the mountain distance located in the same Eup/Myeon from the Do near the mountain fire station located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, 232 on March 23, 2018 without obtaining a driver’s license for a motor vehicle at around 21:02.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, inquiry of the results of crackdown on the driving of alcohol, report on the situation of the driver of alcohol, and the register of driver's licenses;

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction before and after the disposition, and applying Acts and subordinate statutes of the same summary order;

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. The following factors are taken into account: (a) the provision of an order for protection and observation and the order for education falls under three-way driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act; and (b) the provision of a license without the license at the same time; (c) the second drinking driving and the provision of a license without the license after a summary order for the second drinking driving; and (d) the provision of a blood alcohol concentration higher than the sentence of a fine under two-time driving due to a violation of the Traffic Act (e.g., a violation of the Traffic Act). However, there are no other penal records except the sentence of a fine under two-year sentence; and (d) the Defendant