A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 3 million for a crime of violating road traffic laws at the Ulsan District Court on June 3, 2015, and was sentenced to a fine of KRW 3.5 million for the same crime in the same court on March 14, 2018.

[2] On August 16, 2018, around 01:40, the Defendant was under the influence of 0.129% of alcohol concentration in blood in the 7km section to the apartment house of the Hanyang-dong Electronic Ireland, Yangsan-si, Yangyang-si, Yangsan-si, the Defendant driven B rocketing-si without the driver’s license.

Accordingly, the Defendant, even though he had been punished not less than twice due to drinking, was driving a motor vehicle while driving it again while driving it without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of alcohol, a statement of the circumstances of the driver under the influence of alcohol, an investigation report (report on the circumstances of the driver under the influence of alcohol), a ledger of driver's licenses, and details

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 of the Road Traffic Act (non-licensed driving) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Crimes of violation of traffic laws on roads and violation of traffic laws on roads shall be limited to the group of crimes for which the sentencing criteria are not set;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

Confession and reflect on the crime of this case.

◎ 피고인에게 불리한 정상은 다음과 같다.

It has not been more than one year after being punished for the same crime.