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

Punishment of the crime

On August 27, 2008, the Defendant received a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act, and was sentenced to a fine of KRW 60,000 for a violation of the Road Traffic Act on January 19, 2012. On March 9, 2012, the Defendant was sentenced to imprisonment for the same crime, etc. at the Jung-gu District Court on at least two occasions. On March 9, 2016, on a road where it is impossible to find out not more than two times from the roads where it was impossible to know whether it was 173 km-dong of the Seogu Seo-gu Seo-gu, Daegu District Court on March 9, 2016 to the roads at approximately 40 km-dong 173 km-dong from the 40km-dong road without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report on traffic accidents and photographs of the destruction of vehicles;

1. Inquiries into the circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Mandatory insurance policies;

1. Previous records of judgment: Application of criminal records, inquiry reports, court rulings, and other Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act.

(c) Operation of motor vehicles which are not mandatory insurance: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of sentence: Imprisonment with prison labor for a violation of the Road Traffic Act and the Guarantee of Automobile Accident Compensation Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishments of the above two crimes), among concurrent crimes;

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