A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] The defendant was issued a summary order of a fine of four million won for a violation of road traffic laws at the Ulsan District Court on May 29, 2012, and on August 29, 2014, the defendant was sentenced to a suspended sentence of two years on September 6, 2014 by imprisonment with prison labor for a violation of road traffic laws at the Ulsan District Court on August 29, 2014 and the decision became final and conclusive on September 6, 2014. On December 9, 2014, the defendant was sentenced to a suspended sentence of two years for a violation of road traffic laws at the Ulsan District Court on December 17, 2014 and sentenced to a suspended sentence of two years for a suspended sentence of eight months for a violation of road traffic laws at the Ulsan District Court on December 17, 2014.

[Criminal facts] On July 2, 2015, the Defendant driven a vehicle with low alcohol level of 0.159% under the influence of alcohol level of 0.159%, without obtaining a driver’s license, at approximately 300 meters from the front day of the Shari-gu, Ulsan-gu, Ulsan-do, Seoul-do to the day before the terminal distance.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry of the results of crackdown on driving of drinking;

1. The ledger of driver's licenses, chassis, and investigation report;

1. Previous convictions: The application of Acts and subordinate statutes after inquiry about criminal history, each investigation report (verification of criminal history), previous convictions and results of confirmation of criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the 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. When considering the fact that there are many of the same kinds of records as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment, and that the driver repeats the driver’s license without drinking during the suspension period of the execution of the same crime, the defendant cannot be exempted from the corresponding punishment.

In addition, the sentencing conditions shown in the records, such as the defendant's age, sex, family environment, etc. shall be comprehensively determined as per the disposition.