A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On January 31, 2012, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million at the Cheongju District Court due to a violation of the Road Traffic Act (driving). On July 25, 2016, the Defendant was issued a summary order of KRW 3 million with the same crime in the same court.

[2] On February 12, 2017, the Defendant driven B Poter cargo vehicles from the section of about 15km from the area of a safe-time death to the road located in Jincheon-gun Geumcheon-gun Geumcheon-gun, in a state of 0.084% alcohol concentration in blood without obtaining a driver’s license of a motor vehicle around 21:40 on February 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of traffic accidents, notification of the results of crackdown on drinking driving, report on the circumstances of the driver who takes driving, and the register of driver's licenses;

1. On-site photographs;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Act: The nature of the crime is very good, such as: (a) even though having had had the record of being punished twice by a fine due to drinking driving, it is deemed that a person has repeatedly driven under a license without a license. The factors of sentencing favorable to o are not criminal records exceeding a fine: (b) it is recognized that there has been no errors; and (c) it is against nature recognized and reflects the other factors of sentencing under Article 51 of the Criminal Act