A defendant shall be punished by imprisonment for 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.

Punishment of the crime

On May 9, 2011, the Defendant was sentenced to a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court's Decision on March 14, 2012, and a fine of 7 million won for a crime of violation of the Road Traffic Act at the branch court of the Busan District Court's Busan District Court's Decision on March 14, 2012, and on February 3, 2017, the Defendant was sentenced to a suspension of the execution of 8 months for a crime of violation of the Road Traffic Act at the Busan District Court's Busan District Court's Decision on February 11, 2017.

On April 29, 2012, the Defendant driven a vehicle of approximately 2 km Ci30 km up to the road front of the new wall market located in the sub-dong in Kimhae-si on the road while under the influence of 0.051% alcohol during blood without obtaining a driver's license on April 29, 2012.

As a result, the Defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle while under the influence of alcohol in violation of the above provision, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act are as follows: (a) the age, sex, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime.