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

Punishment of the crime

[criminal history] On April 20, 2017, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor for special injury and violation of road traffic law (unlicensed driving) at the Seoul Eastern District Court on April 20, 2017, and the judgment became final and conclusive on April 28, 2017.

[Criminal facts]

1. On August 9, 2017, at around 06:14, the Defendant driven a CM7 car with approximately 10 meters later while under the influence of alcohol concentration of 0.078% in blood without a driver’s license on the road of the Jeju Haak church, which is linked to Jeju Island, at around 06:14.

2. On August 13, 2017, around 10:00, the Defendant driven the said SM7 car without a vehicle driver’s license within approximately KRW 300 meters from the public parking lot near the public parking lot located in the Dong-dong even from the day of Jeju-do to the day before the M7 car in the 300-meter radius.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. The criminal place (the third page of the evidence record);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (including the background leading to the revocation of a driver's license, confirmation of facts under the same suspended period, and judgment attached

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Traffic Act (unlicensed driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act by a person on August 9, 2017 and the crimes of violating the Traffic Act by a person on August 9, 201).

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were that the driver’s license was revoked because the Defendant committed an offense using a motor vehicle, and thereafter, he/she was punished twice due to a violation of the Road Traffic Act (unlicensed Driving).

Among them, one of them was sentenced to the suspension of the execution of imprisonment with prison labor as stated in the judgment, and the crime was committed by being injured by another person with a dangerous object while driving without a license.