A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

On November 18, 2015, the defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Busan District Court on November 18, 2015 and was sentenced to a suspended sentence of two years for the same power four times.

On October 1, 2019, at around 20:18, the Defendant driven an EM5 vehicle under the influence of alcohol with a blood alcohol concentration of 0.084% without obtaining a driver's license within about 60 meters from the front side of C History in Yangsan City B to the front side of D in the same city.

Accordingly, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time, violated the Road Traffic Act prohibiting driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the state of drinking drivers, and reports on the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry into and inquiry into criminal records, criminal investigation reports (attached to judgments and summary orders), judgment, and application of Acts and subordinate statutes governing summary orders;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend the course of sentencing under Article 62-2 of the Criminal Act include the following: (a) Defendant has led to the instant crime and has been repented; (b) Defendant has the history of drunk driving to five times; (c) the history of drunk driving to three times (including a suspended sentence of imprisonment with prison labor); (d) the circumstances after committing the crime are not good; and (e) Defendant’s blood alcohol concentration and alcohol level at the time of committing the crime; (b) the distance of drunk driving, age, character and conduct; (c) the motive, means and consequence of the crime; and (d) the following circumstances are comprehensively