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

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

Punishment of the crime

[2015 Highest 1943] On October 30, 2014, the Defendant was sentenced to a fine of KRW 7 million due to a violation of road traffic law (drinking), etc. by the District Court of Jung-gu on October 30, 2014, and a fine of KRW 4 million by the same court on March 28, 2013, respectively.

The defendant is a holder of cussa car in C.

On May 23, 2015, the Defendant operated the said car without mandatory insurance from around 1211 to around 1211, as the Defendant was under the influence of alcohol content of 0.095% in blood without a driver’s license for a vehicle, from the front side of the Namyang-si, Namyang-si, Namyang-do, Seoul Metropolitan City, to the roads of approximately 0.095% in alcohol content.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without a driver's license under the influence of alcohol.

[2015 Highest 4706] On October 31, 2015, the Defendant driven a cub car in C without obtaining a driver’s license from around about 300 meters in a section of approximately 300 meters from the e-mail front to the front road of the Guri-si, Dongri-si, Dongri-si, 65, at the end of Guri-si.

Summary of Evidence

[2015 Highest 1943]

1. Statement by the defendant in court;

1. Statement report on the circumstances of drivers working at the driving school, report on the circumstances of driving without licenses, and the register of drivers' licenses;

1. Investigation report (Attachment to a mandatory insurance certificate);

1. A previous conviction in judgment: A written inquiry (2015 highest 4706);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes on license ledger;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46(2) and Article 8 of the Guarantee of Automobile Compensation 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 Code, and Article 38(1)2 of the Criminal Code.