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

Punishment of the crime

On August 29, 2009, the Defendant was sentenced to a suspended sentence of one million won as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court through the Changwon District Court on August 29, 2009; on September 11, 2014, a fine of three million won as a crime of violation of the Road Traffic Act (driving) at the Busan District Court on September 11, 201; on January 5, 2017, the Defendant was sentenced to a suspended sentence of one year for six months at the Busan District Court.

On February 19, 2019, the Defendant driven approximately 200 meters of trigram 200 meters from the trigram 2nd-on road in front of the exit 2nd-on subway Station, Busan, the trigram trigram 2nd-on to the road in front of the same academic base vehicle, without obtaining a driver's license on February 19, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. A report on criminal records, etc.;

1. Application of Acts and subordinate statutes to each investigation report (report on the status of a driver, status of a driver, judgment of the same kind of case, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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 crime of this case is not suitable for committing a drunk driving in the state ofless license even though the defendant had any record of punishment for driving multiple times.

Although the defendant has been sentenced to a suspended sentence of imprisonment as well as a fine for the same crime, he is highly likely to be subject to criticism by repeatedly driving under the influence of alcohol without any particular crime, and in light of this, the sentence is inevitable.

In addition, Article 51 of the Criminal Act provides for the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, and circumstances after the crime.