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

Punishment of the crime

On May 2, 2008, the defendant has been sentenced to a suspended sentence of 6 months at the Changwon District Court for the crimes of violation of the Road Traffic Act, etc., and on December 4, 2009, at the Busan District Court, to a suspended sentence of 4 months.

1. 피고인은 2014. 2. 8. 23:19경 김해시 부원동에 있는 상호불상의 식당 앞 도로상에서부터 같은 시 어방동에 있는 서울쌈밥식당 앞 도로에 이르기까지 약 5km 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.108%의 술에 취한 상태로 의무보험에 가입되어 있지 아니한 C 에쿠스 승용차를 운전하였다.

2. On the 13th 10:00 of the same month, the Defendant driven the said car without obtaining a driver’s license from the front side of the Indian University, which is located in the same time-dong, to the small apartment zone located in the same Dong, at approximately 400 meters.

Summary of Evidence

1. Defendant's legal statement;

1. No. 1-9 of the evidence list submitted by the prosecutor

1. Before judgment: Application of the above evidence list Nos. 12 and 13;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, respectively;

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

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that, even though the defendant had a past record of imprisonment with prison labor as shown in the judgment of the same crime, he/she uses a vehicle under the name of another person of an insurance without insurance to repeat drinking and unlicensed driving, and that he/she is arrested as a designated trainee because he/she fails to faithfully engage in the investigation and trial