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

Punishment of the crime

[criminal history] On December 7, 2007, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Busan District Court's Dong Branch, and on September 26, 2012, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act at the Busan District Court's Busan District Court on September 26, 2012. On March 6, 2014, the Defendant was issued a summary order of eight million won for a violation of the Road Traffic Act at the Busan District Court's Busan District Court on March 6, 2014. On September 23, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court's Busan District Court on August 1, 2015.

[2] Although Defendant 1 had been punished for driving under drinking more than twice as above, Defendant 2 driven a car without obtaining a driver’s license around 06:45 on February 2, 2017 in the gold market located in the Geum-gu, Busan, for about KRW 1k from the gold market to the front of the same rubber belt located in the same Dong, Defendant 2 driven a C-type vehicle not covered by mandatory insurance in the state of alcohol with approximately 0.148% alcohol in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment attached thereto);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 (1) of the Road Traffic Act concerning facts constituting an offense; Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act;

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

1. Selection of each sentence of imprisonment;

1. Taking into account all the conditions of sentencing, including the fact that the sentencing of Article 53 and Article 55(1)3 of the Criminal Act reflects the reason for sentencing, and the fact that the person was already punished by a fine of eight million won due to a crime of violating traffic laws (unlicensed driving) on August 26, 2016 during the period of suspension of execution, etc., and again committed the same kind of crime.