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

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

Punishment of the crime

On July 4, 2011, the Defendant was punished by a fine of one million won for a violation of road traffic laws at the Ulsan District Court on July 4, 201, and a fine of two million won for a violation of road traffic laws at the same court on August 22, 2013.

Although the Defendant had driven a drinking twice or more as above, on July 17, 2016, he again driven C passenger cars at approximately 150 meters from the front day of the Hosan-ro 30 square meters in pusan-si to the front day of the 5-lane Pusan-si, Yangsan-si, without obtaining a driver’s license at around 21:40 on July 17, 2016, while under the influence of alcohol at least 0.130% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Driving under the influence of alcohol on the relevant criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license for driving under the same Act: Article 152 subparagraph 1 and Article 43 of the Road Traffic 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (The reflection of the fact, family circumstances, surrounding environment, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;