A defendant shall be punished by imprisonment with prison labor for not more than ten 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 February 26, 2013, the Defendant was sentenced to the suspension of indictment for a violation of road traffic laws at the Ulsan District Prosecutors’ Office, and on March 25, 2014, the Defendant was sentenced to a fine of KRW 4 million for a violation of road traffic laws at the Ulsan District Court.

【Around June 9, 2018, the Defendant driven a vehicle with approximately 300 meters section B, from the front day of the movement to the front day of the agricultural and fishery product market located in Ulsan-gu Busan-dong without obtaining a driver’s license, while under the influence of alcohol content of 0.142% in blood around 02:20%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating driving of a motor vehicle, a report on the circumstances of the driver's license, and the driver's license ledger;

1. Previous conviction: Application of an inquiry letter, such as criminal history, and of Acts and subordinate statutes attaching the same military power 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. Taking into account the following factors: (a) protection observation, community service and order to attend lectures are high alcohol concentration during the sentencing of Article 62-2 of the Criminal Act; (b) licenseless driving; (c) this is the 6th unauthorized driving at the same time as the 3-year driving of drinking alcohol; and (d) the Defendant has much other penalty history.