A defendant shall be punished by imprisonment with prison labor for up to six 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

[2016 Highest 1225] On April 22, 2016, the Defendant driven a B rocketing car from the 1389-11st century to the 50th century road in the front of the land park in Ansan-si, Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, without obtaining a driver’s license.

[2016 Highest 1866] The Defendant was sentenced to a fine of KRW 3 million on September 26, 2014 due to a violation of the Road Traffic Act (driving in Drinking) in the support of Suwon Friwon, and was sentenced to a fine of KRW 5 million by the same court on August 18, 2015.

1. On March 10, 2016, the Defendant driven B rocketing car under the influence of alcohol by 0.109% from the 200m section of alcohol content from the 200m section to the 4-24th road in the Pyeongtaek-si, Singu, Sinung-si without the driver’s license on March 10, 2016.

2. On April 3, 2016, the Defendant, without a driver’s license, driven a rocketing car from approximately 5km to the 1734 km-dong from the 702 Haak-dong, Masan-si, Sungcheon-si, Masan-si to the 1734 Haak-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 imprisonment with prison labor chosen;

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 reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation does not repeat the crimes of the same kind, such as selling the above vehicles recently;

In full view of all the circumstances, including the fact that the defendant has not been punished by imprisonment with labor or heavier until now, it is ordered as ordered.