A defendant shall be punished by imprisonment for 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

[2015 Highest 2033] On April 11, 2015, the Defendant driven B truck at a section of about 45 km from the front side of the “LISNT” household factory located in the Sincheon-si without obtaining a driver’s license on April 11, 2015.

[2015 Highest 2132] The defendant has been punished two times or more due to drinking, such as being sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) at the District Court of Jung-gu on September 7, 2012, and a fine of 5 million won due to a violation of the Road Traffic Act (driving) at the same court on November 8, 2014.

Although the Defendant, while under the influence of alcohol, was in violation of Article 44(1) of the Road Traffic Act two or more times, the Defendant driven B Poter II while under the influence of alcohol at around May 26, 2015, without obtaining a driver’s license from the adjacent post office located in the Geumyang-si, Jinyang-si, Seoul, to 145-ro 1, 145-lane 1, 145-lane, to the front road of the apartment, while under the influence of alcohol at around 0.121% of alcohol concentration.

Summary of Evidence

1. The defendant's legal statement [2015 highest 2033];

1. Report on the situation of operation without a license;

1. The driver's license ledger (2015 Highest 2132);

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report attached to the same type of judgment, etc.);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (Free License) on May 26, 2015);

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: