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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 two years from the date of the final judgment.
Reasons
Punishment of the crime
[2018 Highest 428]
1. On September 1, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) on September 1, 2018, at around 10:42, the Defendant driven the Fwing-III truck without obtaining a driver’s license in the section of about 10km from the front of the Ccafeteria located in the Gowon-gun of Gangwon-gun to the front of the E-Road located in Gangwon-gun of Gangwon-gun.
2. On September 8, 2018, the Defendant, on September 23:55, 2018, driven a fwing vehicle under the influence of alcohol concentration of 0.138%, without obtaining a driver’s license in the 14km section from the front of the Hju station located in Gangwon-gun, Gangwon-gun, to the front of the Hasungsung-gun, Gangwon-gun, the Defendant driven a fwing-III truck under the influence of alcohol concentration of 0.138%, without obtaining a driver’s license.
[2019 Highest 78]
3. On February 15, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) around 11:50 on February 15, 2019, at approximately 27 km from the first in front of the Jincodo, Jindo, without obtaining a driver’s license in a section of about 17 km to the front of the post office located in front of the first in front of the Jindo, Jindo.
Summary of Evidence
1. Defendant's legal statement;
1. The application of Acts and subordinate statutes to the register of driver's licenses, each car4, notification on the results of the regulation of drinking driving, report on the situation of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on internal death;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting a crime (the occupation of driving without a license) and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);
1. Articles 40 and 50 of the Criminal Act (trades between the crimes of violation of the Road Traffic Act by September 8, 2018 and the crimes of violation of the Road Traffic Act by September 8, 2018);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act.