The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Punishment of the crime

[2017 Highest 983] On February 24, 2017, the Defendant driven a C Car II car without obtaining a driver’s license from around approximately 2.4 km section from the front of the Defendant’s house located in Gwangju North-gu, Gwangju, to the flow-distance road located in the Dong-gu, Gwangju, Gwangju, without obtaining a driver’s license.

[2017 Highest 1411] On October 26, 2007, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of road traffic law (drinking) at the Gwangju District Court. On January 19, 2017, the Defendant was issued a summary order of 1.5 million won by the same court as a crime of violation of road traffic law (drinking).

On April 3, 2017, at around 20:0, the Defendant driven a C Carren II vehicle without obtaining a driver’s license, while under the influence of alcohol 0.072% at a distance of about 300 meters from the horse market near the Masan-dong, Gwangju, to the next road to the Masan-dong community service center located in the same Dong.

Summary of Evidence

[2017 Highest 983]

1. Statement by the defendant in court;

1. The ledger of driver's licenses and the register of chassiss (2017 Height 1411);

1. Statement by the defendant in court;

1. The driver's license ledger and the driver's license ledger;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment to the previous convictions and court rulings, etc.);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the following circumstances and the age, sex, environment of the defendant, and the circumstances after the crime of this case are committed.