A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant issued a summary order of KRW 1 million for a crime of violation of road traffic law at the Daegu District Court on August 19, 2009, a fine of KRW 2 million for a crime of violation of road traffic law at the Daegu District Court on August 16, 2013, a summary order of KRW 2 million for a crime of violation of road traffic law at the Daegu District Court on August 16, 2013, and on December 17, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of road traffic law at the Daegu District Court on December 25, 2015 and the said sentence became final and conclusive on December 25, 2015.

[2] On May 2, 2016, the Defendant driven a B-low-income vehicle without obtaining a driver’s license in the section of about 1km from the front side of the ancient restaurant located in the Gyeongcheon-dong in Busan Metropolitan City to the 0.092% of alcohol concentration in the blood of around 02:5 on May 22, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. Control photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime judgment);

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

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the Defendant again committed the instant crime even though he/she had a record of punishment several times due to drinking driving, and that the Defendant committed the same kind of crime without being aware of it during the period of suspension of execution even though he/she was sentenced to a suspended sentence due to a violation of traffic laws on the roads, it is inevitable to sentence the Defendant to a punishment, if it is considered that the Defendant committed the same crime without being aware of it during the period of suspension of execution.

However, the defendant's confession of the crime of this case reflects his mistake, and the defendant's age, sexual conduct, environment, and motive, means and means of the crime of this case.