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A defendant shall be punished by imprisonment for six 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
[criminal history] The Defendant was issued a summary order of KRW 1 million from May 29, 2009 to a violation of the Road Traffic Act (unlicensed driving), KRW 1.5 million to a fine on February 24, 201, KRW 1.5 million to a violation of the Road Traffic Act (unlicensed driving) on the same support on April 28, 201, KRW 2 million to a violation of the Road Traffic Act (unlicensed driving) on the same support on April 28, 2016, and KRW 2 million to a fine on September 21, 2016.
[2016 Highest 1227] On October 10, 2016, the Defendant driven a motor vehicle with B, without obtaining a driver’s license, from around 3 km to the front of the new village hall, located in the middle of the Hean-ro 125 in the same city, from the front of the Hean-ro 125, which is located in the middle of the Hean-ro 20:00 p.m. on October 2016.
[2016 Highest 1332] On October 24, 2016, the Defendant driven a B-hand car under the influence of alcohol content of 0.121% in alcohol without obtaining a driver’s license on the section of approximately 1.5 km from the Do in front of the cross-fluence in the C-Sin-Sin-Sin-Sin-Sin-si to the front road in the same Sin-dong.
Summary of Evidence
[2016 Highest 1227]
1. Statement by the defendant in court;
1. Report on the circumstances of driving without a license;
1. Registers of driver's licenses (2016 Height 1332);
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
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 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment provided for in a crime of violating the Traffic Act of October 24, 2016 and a crime of violating the Road Traffic Act of persons on October 24, 2016, and a crime of violating the Traffic Act of roads without a license), and punishment provided for in a crime of violating the same Act of heavy importance on punishment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.