A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 9, 2009, the Defendant received a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court, etc. On August 12, 2009, the Defendant was sentenced to a fine of KRW 3 million by the same court on August 12, 2009, and the same court on December 17, 2009 received a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and was sentenced to a suspended sentence of KRW 6 months by the same court on January 25, 201.

On October 3, 2016, at around 04:55, the Defendant driven a D car at a distance of about 1 km from the road in front of the Busan East-gu Busan East-dong to the 2nd road in Manduk-dong, Busan-dong, Busan-dong, under the influence of alcohol concentration of 0.087% without obtaining a driver's license.

As a result, the defendant violated the prohibition regulations on drinking without obtaining a driver's license on two occasions, and drives a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (former and verification);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Even if the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation recognizes the Defendant to commit the crime and repents in depth, the Defendant, including probation, again committed the instant crime even though there were many previous and previous offenses against the Defendant, including probation, and the Defendant was sentenced to imprisonment with prison labor for the obstruction of performance of official duties or for the violation of the Road Traffic Act (unlicensed Driving) on October 28, 2016, and is still pending in the appellate court judgment.