A defendant shall be punished by imprisonment for not more than ten 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] On June 29, 2009, the Defendant was issued a summary order of 1.5 million won by the Changwon District Court for a crime such as violation of road traffic law (driving), and on October 31, 2013, the Busan District Court issued a summary order of 3 million won for a crime of violation of road traffic law (driving), respectively.

[Criminal facts] On August 29, 2017, around 06:50, the Defendant driven a motor vehicle with a d's alcohol concentration of about 0.107% under the influence of alcohol without a motor vehicle driver's license in the section of approximately 1km from the front of the Busan Central-gu B to the front of the D's located in Seo-gu, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. The driver's license ledger;

1. Details of driver's license revocation;

1. Notice of decision on disposition to revoke a driver's license;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (report accompanied by a copy of summary order);

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

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

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 suspended execution;

1. The reason for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [any unfavorable circumstance] was punished for the violation of the Road Traffic Act (driving). Accordingly, the driving of a drinking without a license was done under the influence of alcohol.

On April 19, 2016, sentenced to a fine for a violation of the Road Traffic Act (unlicensed driving) on the road, and recidivism was not long, and the amount of alcohol concentration in the blood was not low at the time of the crime.

[ favorable circumstances] The Defendant recognized all of the instant crime and did not repeat the crime.

There is no history of punishment beyond a fine, and social ties are relatively clear.