A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On December 20, 2010, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (driving), etc. at the Changwon District Court on January 10, 201, and a fine of KRW 3 million due to a violation of road traffic law (driving), etc. at the same court on January 10, 201, and on October 20, 2015, the Defendant completed the execution of the sentence at the Changwon District Court on August 18, 2016.

[Criminal facts]

1. On October 25, 2017, the Defendant was under the influence of alcohol on around 00:10 on around 00:10 on October 25, 2017, driving a AI Pool in a section of about five meters in front of AH restaurant AH, Kimhae-si without a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

2. A person who violates the Guarantee of Automobile Damage Compensation Act is prohibited from operating a motor vehicle not covered by mandatory insurance, and the Defendant, as a person holding an AI cargo vehicle, operated the above cargo vehicle without mandatory insurance at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to inquire about criminal history and investigation reports (whether such crimes are applicable to a child who drives a drinking alcohol and repeated crime);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.