A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is the driver of the B Bag-picked Vehicle who is his own possession.

On August 3, 2009, the Defendant was notified of a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Jung-gu District Court on August 3, 2009. On October 5, 2012, the Defendant was notified of a summary order of KRW 3 million for the same crime by the same court.

On March 30, 2016, at around 21:38, the Defendant driven the above vehicle at approximately 1 km from the transportation of the water from the water station in the Namyang-si, Namyang-si to the 56-8 Ulunnam-si, Yando-ro, Yannam-do.

B. Violation of the Road Traffic Act (unlicensed Driving) the Defendant driven the said vehicle on the said date and at the said place without obtaining a motorcycle license.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, investigation reports (verification of the same attached records, court rulings, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture may lead to a large accident by driving under the condition that the ability of due care and physical exercise has been significantly deteriorated, and the risk may lead to a large amount of harm to an unspecified person.

Although the defendant was already punished twice due to drinking driving, the fact that the defendant again conducted drinking driving and driving without a license is disadvantageous.

However, there is no record that the defendant has been punished in excess of fine due to the same kind of crime, and the mistake is divided and reflected.