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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.
Reasons
Punishment of the crime
On November 29, 2014, the Defendant received a summary order of KRW 1,50,000 from the Busan District Court to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act, and a fine of KRW 4 million as a crime of violating the Road Traffic Act from the Changwon District Court through the Changwon District Court on July 21, 2015.
On October 2, 2016, the Defendant driven a B K7 car at the section of about 100 meters from the road front of a drinking house where it is impossible to identify the trade name located in the father-dong of Busan-gu without obtaining a driver’s license for a motor vehicle on October 2, 2016 to the “global loan” road located in the same Dong.
Summary of Evidence
1. Statement by the defendant in court;
1. Inquiries about the results of crackdown on drinking driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to a summary order of the same kind of power);
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 suspension of execution (see, e.g., Supreme Court Decisions 201Do141, Apr. 1, 201
1. An order to attend a course under Article 62-2 of the Criminal Act;