1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Punishment of the crime

The Defendant is a person who, at the Changwon District Court on October 9, 2009, has been sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) and three million won by the same court on March 7, 201, respectively, and has violated Article 44(1) of the Road Traffic Act at least twice.

On May 12, 2013, the Defendant, without obtaining a driver’s license at around 21:10, driven C-string truck at approximately one kilometer from the roads front of the mutual influoral Schlage in Kimhae-si, Kim Jong-si to the roads front of the Kim Jong-ri, in the same city, while under the influence of alcohol at around 0.244%, without obtaining a driver’s license on May 12, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

3. Selection of sentence of alternative imprisonment;

4. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

5. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

6. Probation, order to attend a lecture, or order to attend a community service order under Article 62-2(1) of the Criminal Act, which has been punished several times due to driving without a license for drinking alcohol for the reason of sentencing under Article 62-2(1) of the Criminal Act, and the criminal liability of this case is not less exceptionally due to the high drinking alcohol level.

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and reflects the depth of the defendant's prison life for about 45 days, the fact that the driving of this case did not cause a traffic accident, the punishment as ordered shall be determined by taking into account the circumstances after the crime, character, conduct and environment of the defendant, etc.