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 January 13, 2016, the Defendant was sentenced by the Ulsan District Court to a fine of KRW 1.5 million for a crime of violating road traffic laws (drinking), and a fine of KRW 4 million for the same crime at the same court on October 12, 2016.

【Around August 31, 2017, the Defendant driven a B Sspo-type car under the influence of alcohol with approximately 0.165% alcohol concentration while under the influence of alcohol without obtaining a driver’s license from the 2km section of the military base located in the same military base located in the south-dong of Ulsan-gu, Ulsan-gu to the front of the military base distance in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating drinking driving, notification of the results of regulating drinking driving, report on the situation of driving under drinking, report on the circumstances of the driver under driving under drinking, and the register of driver's licenses;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order attached to the same type of crime history);

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 reason for sentencing of Article 62-2 of the Criminal Act on the protection and observation and the order to attend a lecture is the third drinking driver, and there is no other influence of drinking or traffic. However, the amount of alcohol concentration is high during the blood of this case and the driving without a license is narrow, the interval between time and time is narrow, and the vehicle driving without a license of this case is the same as the vehicle driving without a license of this case on the previous two occasions, and thus, the risk of recidivism is recognized, and the defendant reflects the wrongness.