Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 28, 2006, the Defendant issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Busan District Court's Busan District Court's Branch Branch.

On October 20, 2019, the Defendant, without obtaining a driver’s license at around 19:50 on October 20, 2019, driven a F Ttiball car at approximately 3km from the front of the C convenience store located in Seopopo City B to the front road located in D, under the influence of alcohol concentration of 0.098%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a motor vehicle under consideration, report on the status of running a motor vehicle under consideration, report on the status of a driver under consideration, report on the status of a driver under consideration, report on the status of a driver under consideration, and

1. Previous records: Criminal records, etc. inquiry reports and investigation reports (verification of suspect's records of driving alcohol) and the application of Acts and subordinate statutes;

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. The fact that the reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service recognized the defendant's mistake and reflects the defendant's mistake, the defendant has two times the previous convictions of the same fine, and the other hand has the record of punishment of suspended sentence of imprisonment for traffic-related crimes, and the degree of taking the principal is not easy, and the defendant's age, character and conduct, environment, means and consequence of the crime, and all the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined