A defendant shall be punished by imprisonment for six months.

Criminal facts

On March 19, 2009, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of road traffic law at the Changwon District Court on November 8, 2012, and was sentenced to 6 months of imprisonment with prison labor and 2 million won of a fine for the same crime, etc. at the same court on November 8, 2012, and was sentenced to 1 year and 6 months of imprisonment with prison labor for the same crime on August 14, 2014, and completed the execution of the sentence in Busan Prison on September 30, 2015.

On November 11, 2015, at around 11:35, the Defendant driven CK5 automobiles without obtaining a driver’s license in the state of alcohol alcohol concentration of about 0.065% from a monthly apartment parking lot from the 12nd apartment parking lot located in the Busan Metropolitan City, Busan Metropolitan City to the front road of the 11st apartment house located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Inquiry about criminal history, personal identification/ confinement status, and application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

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 35 of the Criminal Act for aggravated repeated crimes;

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: A number of records of criminal punishment for the same kind of crime; the crime committed during the period of repeated crime due to the same kind of crime; the confession and reflect of favorable circumstances; other circumstances under which the defendant is faced;