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 November 29, 2012, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Incheon District Court’s Busan District Court’s Branch Branch on November 29, 2012, and a fine of KRW 4 million for the same crime at the Incheon District Court’s District Court on May 15, 2015.

On November 4, 2016, around 06:25, the Defendant driven a B B B-V car without obtaining a driver’s license in the state of alcohol alcohol concentration of approximately 0.077% at the 1km section from the 3-dong road in Seocheon-si, Seocheon-si to the 69-ro road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control (list 2) and driver's license inquiry (list 7);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records (list 12);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. Imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., and Article 62-2 of the Act on Probation, Etc., are the conditions favorable to the defendant (abstination, reflectivity, and no more than a stay of execution, and the blood alcohol content is relatively low), the unfavorable circumstances (abstinence of four times of criminal punishment due to driving without a license) and re-driving without a license of this case after three days from the date on which a summary order has been issued due to a recentlessless driving, and the fact that it is necessary to control, manage, and educate the defendant's driving habits, the nature of the crime needs to be made), and other sentencing factors of this case, such as the defendant's age, character and behavior, living environment, circumstances after the crime, etc.,