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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, at the Ulsan District Court on January 31, 201, has the record of receiving a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), and on June 10, 201, having the record of receiving a summary order of KRW 2 million for a fine in the same crime in the same court on June 10, 201.

On March 26, 2018, the Defendant, without a driver’s license, driven a Bra car at a section of about 2 km up to the road located in Ulsan-gun, Ulsan-gun, Ulsan-do, Ulsan-do, Seoul-do, under the influence of alcohol by 0.122% in the blood alcohol level without a driver’s license.

As a result, the Defendant, who violated drinking twice, drives a motor vehicle again while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The register of survey reports, field photographs, reports on the detection of drivers employed by the head of the vehicle, tea inquiry, and driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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;

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

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 stay of execution (Taking into account reflectivity, force of drinking, etc.);

1. Article 62-2 (1) of the Criminal Act for community service and orders to take lectures;