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

However, 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

On December 22, 2008, the Defendant was issued a summary order of one million won or more due to a violation of the Road Traffic Act by the Changwon District Court, and on June 21, 2010, the Defendant issued a summary order of 1.5 million won or more due to the same crime, etc. in the same court, and on January 24, 201, issued a summary order of three million won or more due to the same crime, etc. in the same court, and on May 18, 2015, the Defendant was issued a summary order of five million won or more due to the same crime.

On June 9, 2015, around 21:00, the Defendant driven B Poter truck under the influence of alcohol content of about 0.190% without obtaining a driver's license in a section of about 700 meters in front of the live apartment located in the Dong-ri Eup of Changwon-si, Changwon-si, and the front road of the live elementary school located in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a notice of correction completion, and a circumstantial statement of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in his/her judgment: Application of criminal history records, inquiry reports (A), and Acts and subordinate statutes;

1. Relevant statutory driving for a crime: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following facts: (a) the Defendant again committed the instant crime under the same type of without a license even though he/she had been sentenced to a fine for the crime of violating the Road Traffic Act on several occasions, as stated in the facts constituting the instant crime; (b) the blood alcohol concentration level at the time of driving of the instant case is very high; and (c) the Defendant caused a traffic accident while driving the instant case.

However, the defendant has a depth of his mistake.