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

[criminal power] On February 6, 2012, at the Changwon District Court, the Defendant received a fine of 2.5 million won for a violation of the Road Traffic Act (driving) and a summary order of 5 million won for a violation of the Road Traffic Act at the Changwon District Court on October 10, 2016, respectively.

【Criminal Facts】

On March 25, 2019, the Defendant, without obtaining a driver's license on March 25, 2019, driven a DSS7 car at approximately 2 km from the roads near Kim Sea-si B in the city of Kim Sea to the roads near Kim Sea-dong in the same city of Sinsan-dong without obtaining a driver's license on March 25, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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

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

1. Selection of 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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the Defendant’s age, character and conduct, Defendant’s blood alcohol concentration (0.066%), the content and circumstances of the instant crime, and the circumstances after the instant crime.

D. Unfavorable circumstances: The Defendant committed the instant crime in a short period and repeated manner without being aware of the past three times of punishment due to drinking driving.

In the state of drinking without a license, it is a drinking driving.

A favorable circumstance: A defendant recognizes the instant crime and makes it hard to repeat the same mistake.

A defendant has no record of being punished by a fine for the same crime.