A defendant shall be punished by imprisonment for not less than eight 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

[2017 Highest 637] On March 22, 2017, the Defendant driven BM7 vehicles at a section of approximately 300 meters from the front of the tower golf course located in Pyeongtaek-si in the same Dong and located in the same Dong, without obtaining a driver’s license for a motor vehicle on March 22, 2017 to the front of the used vehicle complex in the same Dong.

[2017 Highest 985] On April 29, 2017, the Defendant driven C Coin in the state of under the influence of alcohol concentration of about 0.076% from the 10 km section to the front road of Pyeongtaek-si in the same city from the roads before the construction of Pyeongtaek-si in the same city without obtaining a driver’s license on April 29, 2017 to Pyeongtaek-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving without a license, the ledger of driver's licenses for each motor vehicle, the survey report on actual condition, and the circumstantial statement of drivers;

1. Article 148-2 (2) 3 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 each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasoning for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order and order to attend a lecture, three times the same criminal records and three times (one time a fine is imposed due to driving without a license in 2016, two times a fine due to driving without a license in 2016). On March 22, 2017 of the instant case, one time a person was prosecuted for driving without a license in March 22, 2017, and another person was driving without a license. On April 29, 2017 of the instant case, the fact that the traffic accident occurred due to drinking or non-license (limited to physical damage), reflects the fact that the drinking value is low, and other various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, etc., shall be comprehensively taken into account.