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A defendant shall be punished by imprisonment for not more than ten 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
around 10:00 on June 9, 2017, the Defendant driven a BSp-type car without obtaining a driver’s license from around 5.5 meters from the front road of the building to the front road of the Standing Driving Institute located at about 19-27 no. 550 km from the Seo-gu, Gwangju to the front road of the Standing Driving Institute.
On June 7, 2016, the Defendant issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act at the Gwangju District Court on June 7, 2016, and on June 2, 2011, the same court issued a summary order of KRW 2 million for the same crime.
On June 30, 2017, the Defendant, without obtaining a driver’s license, driven a C rocketing car from the front of the self-support center in the area of Gwangju North-gu, Gwangju, located in 258, with the alcohol concentration of 0.101%, to the front road of the modern apartment located in 100, Dong-ro, Gwangju, North-gu, Gwangju, without obtaining a driver’s license.
Summary of Evidence
"2017 Highest 2694"
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. "Motor vehicle driver's license ledger 2017 Highest 2887";
1. Statement by the defendant in court;
1. The driver's license ledger;
1. The circumstantial statement report;
1. An explanatory note;
1. The point of judgment: The application of a reply letter to inquiries, such as criminal history;
1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
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. Although the reason for sentencing under Article 62-2 of the Criminal Act, the instant crime was committed despite the record of drinking alcohol and the control of unlicensed driving, and in particular, the persons discovered by driving without a license on June 9, 2017.