A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of three million won for a crime of violating road traffic laws at the Changwon District Court on April 11, 2014, and was sentenced to a suspended sentence for six months for a crime of violating road traffic laws at the Changwon District Court on July 27, 2017.

[2] On November 29, 201, the Defendant was under the influence of alcohol content of 0.122% in blood around 01:01 on November 29, 201, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from the Do in front of the hot spring theater located in the Gu hot spring theater located in Busan Dong-dong to approximately 2.2km in front of the hot spring 2 tunnel in the hot spring dong-dong, and without obtaining a driver’s license.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a motor vehicle without obtaining a driver’s license under the influence of alcohol in violation of it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes to inquire about criminal history and report (the confirmation of the details of punishment of the same kind of force before this case);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Consideration, such as the violation of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act to mitigate small amount, and the recidivism during the period of suspension of execution due to the same kind of crime;