A defendant shall be punished by imprisonment with prison labor 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.

Criminal facts

【Criminal Records of Crimes】 On May 4, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of road traffic laws at the Ulsan District Court on May 4, 201, and a fine of KRW 5 million for a violation of road traffic laws at the Ulsan District Court on January 11, 2017, and a violation of road traffic laws (unlicensed driving).

【The Defendant, without obtaining a driver’s license on December 16, 2017, driven a motor vehicle under the influence of alcohol on at least 0.142% in the blood, at the open-air located in the mountain of Ulsan-gun, Ulsan-gun, under the influence of alcohol, and again driven a motor vehicle under the influence of alcohol on at least two occasions, by driving Cpoter freight on about five kilometers in the direction of the Southern-gu, Ulsan-gu, Seoul-do, and up to the front side of the underground vehicular road.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, the ledger of driver's license, notification of the result of crackdown on drinking driving, statement report of the situation of the driver in charge and investigation report, and photographs at the time of detection;

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

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 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 suspended execution;

1. In addition to the previous convictions in the judgment, the Defendant was sentenced to a fine on September 20, 2017 by the Ulsan District Court for the reason of sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend the course. The Defendant was sentenced to a violation of the Traffic Act (licenseless Driving) and a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury). The Defendant was sentenced to a 3rd driverless driving while driving the 3rd driverless driving, the 4th driverless driving of the instant blood, the higher alcohol concentration among the instant blood transfusions, and so far, the Poter