A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

[criminal history] On July 1, 2009 and July 11, 2009, the Defendant was sentenced to six months of imprisonment for a crime of violating the Road Traffic Act (driving), etc. at the Daegu District Court on September 20, 201, and issued a summary order of KRW 5 million on June 2, 2014, for a crime of violating the Road Traffic Act (refence of alcohol measurement) at the Seog Branch of the Daegu District Court on June 2, 201.

[2] On October 20, 2015, the Defendant, without obtaining a driver’s license for a motor vehicle on or around 22:56, driving a B Poter vehicle not covered by mandatory insurance in the section of approximately 500 meters from the front of a mutual influoral restaurant located in the Gyeongbuk-gun, Gyeongbuk-gun, the Gandong-gun, the 0.171% alcohol content in blood, to the front of the same Eup/Myeon area.

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. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to previous rulings) and Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Articles 46 (2) 2 and 8 of the Guarantee of Automobile Damage Compensation Act (the point of failing to purchase 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. The reason for sentencing under Article 53 and Article 55(1)3 of the Act on Reduction of Small Quantity is that the Defendant had been punished several times due to driving under drinking, etc. (three times of punishment and two times of punishment) but was engaged in driving without a license for drinking, so it is inevitable to punish the corresponding person.

Moreover, the Defendant committed the instant crime even though he had the record of being punished by a fine with regard to the same type of crime during the period of repeated crime, and the instant crime was committed beyond the central line due to drinking condition.