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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.
Reasons
Punishment of the crime
On June 7, 2010, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1.5 million due to a violation of road traffic laws, and a summary order of KRW 4 million as a fine in the same court on October 26, 2016.
On September 29, 2017, the Defendant driven a motor vehicle in Category B without obtaining a driver's license, from a section of approximately 50 meters alcohol concentration from the front side of the Macdong City, Macdong-gu, Macdong-gu to the front side of the Macdong-gu, Macdong-gu to the next day of the Macdong-gu.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on driving alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 20) Acts and subordinate statutes;
1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 53 and Article 55(1)3 of the Criminal Act to mitigate the amount of punishment (i.e., repetition of the same type of crime, risk of repeating a crime, and drinking volume up to 0.142%), taking into account the following circumstances: (i) there has been no record of punishment heavier than the suspension of execution due to the same kind of crime; (ii) there has not yet been any record of criminal punishment heavier than the suspension of execution due to the same crime; or (iii) there have not been any accident; and (iv) other circumstances, such as
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above circumstances shall be repeatedly considered. The accused shall pay attention separately to prevent recidivism);
1. Protective observation and community service order under Article 62-2 of the Criminal Act;