A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

[2016 Highest 7747] On November 12, 2016, the Defendant was under the influence of alcohol concentration of 0.092% in blood around 06:55 on November 12, 2016, and without the driver’s license, driven a car with B 3 kilometers from the front day of the 106 Cululon apartment in the Busan Sullledong-gu, Busan Metropolitan City to the front day of the Tulho-gu machinery located in the same Gu.

[2017 Highest 537] On September 25, 2016, the Defendant driven a B-U car owned by Defendant C, his father, without a driver’s license, at around 150 meters prior to the exit of the “Samphop oil station” located in the 710 Sam-dong, Busan, Sam-dong, Pam-dong, Busan, the 710 “Sam-dong, Sam-dong, Sam-dong,” in the section of 150 meters prior to the exit.

Summary of Evidence

[2016 Highest 7747]

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver's license in the main place;

1. A driver's license inquiry letter (2017 order 537);

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes for inquiry into a partnership of the main office;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense (a point of driving without a license) and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of driving under influence of alcohol);

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. The Defendant, on February 11, 2016, was sentenced to a fine of KRW 5 million for driving under influence on February 11, 2016 under the suspended sentence under Article 62(1) of the Criminal Act. On August 29, 2016, even though he had been sentenced to a fine of KRW 1 million for driving without a license on August 29, 2016, he/she has been repeatedly driving without a license within a short period of time and repeatedly driving under the influence of alcohol, and repeated crimes of the same kind between approximately one year as above. Meanwhile, the Defendant reflects the Defendant’s crime, and taking into account the Defendant’s age, character, and conduct, environment, etc., the sentence is determined