A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal power] On October 10, 2005, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court on March 16, 2009, and was sentenced to a fine of one million won for a violation of the Road Traffic Act (Free Driver's License) at the Busan District Court's Branch on March 16, 2009, and was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (Free Driver's License) at the Jung District Court on March 26, 2010, and was sentenced to a fine of 2.5 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) at the Suwon District Court on June 12, 2013. The judgment becomes final and conclusive on June 20, 2013.

【Criminal Facts】

On September 28, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle on September 11, 2013, driven B-T truck at a section of about 4 km from the front of the warehouse of the YJ Trading Company, located in the YTA 131-1 in the city of Heung-do to the front road located in the city of Heung-dong, in a state of alcohol of 0.184% of blood alcohol content without obtaining a driver’s license for a motor vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Report on the situation of driving without a license, report on the situation of driving without a license, inquiry into the results of the control of driving without a license, inquiry into the driver’s license, ledger of driver’s license, each investigation report, judgment, and summary order; and

1. Application of statutes to inquiries about criminal records, etc.;

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

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

1. According to Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the overall circumstances, such as the fact that there is no sentence imposed on the defendant, and the defendant has not been divided into his own fault), there are favorable circumstances for the defendant, such as that there is no sentence imposed on the defendant, and the defendant has a depth of his mistake, but there are several previous divisions for the defendant.