On August 9, 2016, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act, etc. committed on November 7, 2015 at the Changwon District Court Msan Branch on August 9, 2015. On August 24, 2017, the Defendant was sentenced to a suspension of the execution of six months of imprisonment for a violation of the Road Traffic Act (driving) committed on November 15, 2016 at the Changwon District Court on August 24, 2017, and the judgment became final and conclusive on September 1, 2017.

On April 10, 2017, the Defendant driven a vehicle B, under the influence of alcohol of about 0.160% while under the influence of alcohol without obtaining a driver’s license, at the section of approximately 0.6m from the front day of the end of half-month Saemaul Until the front day of the 7-lane, Chang-si, Chang-si, Chang-si, Mapo-si, Chang-si, Mapo-si, 168, the Defendant driven a vehicle B, under the influence of alcohol concentration of 0.160% in blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the circumstantial report on the driver of drinking;

1. The driver's license ledger;

1. Previous convictions: Inquiry into criminal history and application of Acts and subordinate statutes of investigation report (the fact that the suspect is currently under suspended sentence);

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. 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. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (the foregoing crime and the crime of violating Road Traffic Act, etc., for which judgment has become final and conclusive on September 1, 2017)

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 3 of the Criminal Act to be mitigated by law;

1. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment, has already been punished by a fine due to a violation of the Road Traffic Act (toxicated Driving).