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A defendant shall be punished by imprisonment for one year.
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 February 20, 2018, the Defendant 2018, 652, on the 23rd day of the apartment complex, which was the shower of the 477th order in Songpa-gu, Songpa-gu, Seoul, without obtaining a driver's license for a motor vehicle on February 14, 2018, driving B Kaz car over a approximately 8 km section from the front day of the apartment complex, which was the shower of the 477th order, to the front day of the other party to the Jung-gu Seoul,
On June 15, 2011, the Defendant issued a summary order of KRW 1.5 million for a violation of Road Traffic Act at the Seoul Western District Court on June 15, 201, and a summary order of KRW 1.5 million for the same crime at the same court on January 6, 2017.
On April 28, 2018, the Defendant, without obtaining a driver's license for a motor vehicle around 09:38, driven a BKan-P motor vehicle in the section of about 5.6 km from 0.06% of alcohol level during blood to 0.06% at the top of Gangdong-gu Seoul Metropolitan Government (Hannam-si) at the end of 5.6km in the middle of the Hannam-si.
Summary of Evidence
"2018 Highest 652"
1. Statement by the defendant in court;
1. Investigative into the ledger of driver's licenses and the register of automobiles;
1. Investigation report (report related to the details of revocation of a driver's license) "2018 Highest 1198";
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol and report on the situation of the driver of drinking alcohol;
1. Investigative into the ledger of driver's licenses and the register of automobiles;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (the same kind of force);
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense (unlicensed driving) of the relevant Act; Article 148-2 (1) 1 of the Road Traffic Act (the point of drinking);
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. Article 62 (1) of the Criminal Act (The following favorable circumstances):
1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act lies in a large number of criminal records against the defendant, and the defendant is not aware of all even after he/she was under control by driving without a license on February 20, 2018.