A defendant shall be punished by imprisonment for one year.

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 December 24, 2007, the Defendant issued a summary order of KRW 700,00,000 by the Changwon District Court for a fine of KRW 700,000 due to a violation of the Road Traffic Act (driving) at the Changwon District Court on February 9, 2009, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving), and a fine of KRW 3 million by the same court on July 5, 2010, respectively. On June 30, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 years for six months due to a violation of the Road Traffic Act (driving), and on August 9, 2016, the same court was sentenced to a fine of KRW 10,000,000 due to a violation of the Road Traffic Act (driving).

Although there was a history of violating the provision prohibiting driving of alcohol two or more times, the Defendant again driven a non-registered pyro (abreed 125ccccc) without compulsory insurance in the direction of approximately 500 meters, without obtaining a motor device driver's license, from the 500-meter section of alcohol to the front road of a pharmacy located in the Changwon-si, Changwon-si, Mawon-si, as seen above, at around 16:35 on March 27, 2018, in the state of drinking alcohol concentration of about 0.113% without obtaining a motor device driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation without a mandatory insurance)

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Several times of crimes of the same kind.