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

Punishment of the crime

[criminal history] On November 17, 2008, the Defendant was sentenced to a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Busan District Court. On January 19, 201, the Defendant was sentenced to a fine of KRW 2 million due to the same crime, etc. at the Busan District Court. On December 15, 201, the Defendant was sentenced to a suspended sentence of six months for the same crime at the Changwon District Court. On March 13, 2015, the Defendant was sentenced to a suspended sentence of six months for imprisonment with prison labor for the same crime, etc. at the Busan District Court and completed the execution of the sentence on September 11, 2015.

[2] On August 1, 2018, at around 00:30, the Defendant driven a CMW735 vehicle without obtaining a driver’s license in a state of alcohol with approximately 2 km alcohol concentration of about 0.16% from the road located in the Kimhae-si in the same city to the road front of the Taesung Steel located in the same city.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (with respect to the process of detection of the suspect A);

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, report on investigation (former and court rulings and attachment of summary order) and application of Acts and subordinate statutes concerning personal confinement;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant’s mistake reflects in depth and does not repeat any further in the future.

The actual accident did not lead to the actual accident.

The existing vehicle has been disposed of recently and the vehicle no longer exists.