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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On August 31, 2006, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Busan District Court on July 2, 2007, and was sentenced to a fine of KRW 700,000 for the same crime at the same court on July 2, 2007, and was sentenced to a fine of KRW 5 million for the same crime on February 8, 2018.

On March 13, 2018, the Defendant was under the influence of alcohol concentration of approximately 0.066% from a 2km section of approximately 2km to a road adjacent to the entrance of the Hecheon-dong Rural Village in Busan, Jung-gu, Busan on March 13, 2018, while driving a Rabbbol car without a driver’s license, which was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver's license at home and report on the circumstances of the driver's license at home;

1. Registers of driver's licenses, details of revocation of driver's licenses, and inquiry into automobile insurance;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of operating an automobile which is not mandatory insurance);

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 suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend lectures is a situation unfavorable to the defendant that the defendant is driving a motor vehicle not covered by mandatory insurance under the license without a license even though the defendant had the record of being sentenced three times due to drinking driving, and the nature of the crime is not good.

However, the defendant has led to the confession of the crime and his mistake.