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

On October 13, 2006, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act, etc. at the Changwon District Court, and on December 12, 2008, the Defendant was sentenced to a suspended sentence of KRW 9 months for a violation of the Road Traffic Act. On April 6, 2015, the Defendant was issued a summary order of KRW 7 million for a violation of the Road Traffic Act.

On December 5, 2017, the Defendant driven a D car with alcohol content of 0.149% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from approximately 2km section from the front of the frequency ranging from the road in which it is impossible to know the trade name in the outer road of Kimhae-si to the front day of the same Heung-dong.

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. Reporting on the detection of suspected violation of traffic laws (driving without a license) on the road;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (No. 8 No. 1334, Jan. 1, 2

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures are as follows, and the age, sex, environment, and crime of the defendant.