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

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

Punishment of the crime

On March 17, 2008, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine of KRW 700,000 as a crime of violating the Road Traffic Act, a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act on August 9, 2010, and a summary order of KRW 5 million as a crime of violating the Road Traffic Act on December 2, 2013 from the same court.

On May 3, 2017, at around 01:45, the Defendant: (a) driven a vehicle B without obtaining a driver’s license in the state of alcohol concentration of about 2 km from the chip road in front of the Dosan-dong in Kimhae-si to the front day of the Gusan-dong in Kimhae-si, and (b) drive the vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is in charge of driving and notification on the results of detection of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Even though the defendant had a record of serving the sentence of Article 62-2 of the Criminal Act on the grounds of sentencing, the case is not weak in light of the fact that the defendant again committed the instant crime.

However, in light of the fact that the defendant is against the crime of this case and other circumstances of sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the same punishment as the order shall be imposed.