A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 27, 2010, the Defendant was sentenced to a fine of one million won for a crime of violation of the Road Traffic Act at the Busan District Court on October 27, 201, and the same court on April 11, 201 issued a summary order of a fine of two million won for a crime of violation of the Road Traffic Act (driving) and on February 9, 2015, the same court on February 9, 2015 was sentenced to a suspended sentence of two years for a crime of violation of the Road Traffic Act (driving), and the judgment became final and conclusive on February 17, 2015, and is currently under the suspension period.

On September 11, 2016, the Defendant, without obtaining a driver's license at around 17:20 on September 11, 2016, driven a DNA Lone Star vehicle at a distance of about 4 km from the front side of the mother middle school located in the Busan Western-dong, Busan, to the front side of the Seocheoncheon-dong, Busan, under the influence of alcohol concentration of 0.083%.

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant recognized the crime and committed a mistake in depth, sold a vehicle, and difficult circumstances in the defendant's house, even if considering the fact that the defendant had been committed several times, the defendant was under the suspension of the execution due to drinking driving and again led to a non-licensed driving in this case, and even if he was under the suspension of the execution on August 8, 2016 while he was under the suspension of the execution (the summary order was issued as of October 12, 2016 with regard to the crime), the crime in this case again led to the crime in this case, which again led to an investigation into the Busan District Prosecutors' Office.