1. The defendant shall be punished by imprisonment with prison labor for not more than ten months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 10, 2015, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Busan District Court, and five million won for the same crime at the same court on January 19, 2017.

2. 범죄사실 피고인은 2018. 6. 24. 06:40 경 자동차 운전면허 없이 혈 중 알코올 농도 약 0.189% 의 술에 취한 상태에서 D 아우 디 ‘Q7' 자동차를 운전하여 부산 부산진구 서면 로 24에 있는 ‘ 준 코 뮤직 타운’ 앞 도로에서부터 같은 구 중앙대로 654에 있는 ‘ 빕스 (VIPS)’ 앞 도로까지 약 300m를 주행하였다.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Statement of the circumstances of the driver at home;

(c) The driver's license ledger;

2. The records of the offense;

(a) a response to inquiries;

B. Application of Acts and subordinate statutes to investigation reports by the prosecution ( twice the driving force of drinking alcohol)

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

2. 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).

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and attendance order;

1. The scope of applicable sentences under law: Imprisonment with prison labor for not less than six months nor more than one year and six months;

2. The sentencing criteria are not set for each of the crimes in this case, for which the sentencing criteria are not set.

In this case, the defendant's driving of a motor vehicle under the influence of alcohol level of 0.189% without a driver's license is not good, and the degree of drinking driving level exceeds the driver's license revocation standard (0.1%) and exceeds 0.2% and is high.

Such crimes are highly harmful to society, such as increasing the risk of traffic accidents.

The defendant is a high drinking value as above.