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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 4, 2013, the Defendant was sentenced by the Seoul Southern District Court to a fine of one million won for the violation of the Road Traffic Act (driving) and five million won for the same crime in the same court on April 18, 2016.

On August 15, 2016, the Defendant, without a driver’s license around 02:50 on August 15, 2016, while under the influence of alcohol with 0.094% of blood alcohol content, operated B Coin Docropo bus from the head of Gangseo-gu Seoul Metropolitan Government Office to the same Docrosan 138-ro from the head of Gangseo-gu Office.

On October 13, 2016, 2016, the Defendant 2016 Highest 5238, the Defendant driven a baton bus at the section of approximately 2 km from the Do in front of the 482 Seocheon-si, Seocheon-si, an additional sports complex to the front of the 759 deepest driving distance, without obtaining a driver's license.

Summary of Evidence

[2016 Highest 4410]

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records);

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the standing report on driving without a license, and driver's license inquiry;

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

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

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 (1) of the Criminal Act;

1. Although probation, community service order, and order to attend education had been punished twice due to the reason of sentencing in Article 62-2 of the Criminal Act, the crime is not good in light of the fact that it was again committed without a license or drinking driving, and even though it was prosecuted due to drinking or without a license and was under trial, it was again conducted without a license.

However, in addition to punishment by fine, it has been imposed twice.