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

Punishment of the crime

On May 31, 2013, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court, and on April 29, 2015, on September 26, 2015, the Defendant was sentenced to six months for a violation of the Road Traffic Act at the Busan District Court's Dong Branch Branch, and completed the execution of the sentence at the Busan Detention House on September 26, 2015.

On August 19, 2017, the Defendant driven a DK5 car under the influence of alcohol with about 0.073 percent alcohol concentration at a section of about 10 meters in front of the department store, from the Do in front of the Southern-dong of Busan-gu, Busan-do to the Do in the same Dong, and without obtaining a driver's license, from the section of about 10 meters in front of the department store up to the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. A written appraisal of alcohol during blood;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the same type of power and details of expropriation);

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. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Although Articles 53 and 55(1)3(3) of the Criminal Act recognize and reflects the error of reasons for sentencing under Article 53 and 55(1)3(the following favorable circumstances) of the Act on Reduction of Small Quantity, the punishment is determined as ordered by comprehensively taking account of the Defendant’s age, sex behavior, environment, background leading up to the crime, circumstances leading up to the crime, etc., and circumstances after committing the crime of this case, which led to the failure of compliance with traffic laws and regulations, by failing to be aware of himself/herself during the period of repeated offense, even though he/she had served three times criminal punishment due to drinking and driving without a license, and by driving without a license, has served for one time as a result of a repeated offense.