A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 4111] The Defendant issued a fine of three million won at the Daegu District Court on June 14, 2010 for a violation of the Road Traffic Act (driving). On November 26, 2012, the Defendant violated Article 44(1) of the Road Traffic Act by having the same court issued a summary order of three million won due to a violation of the Road Traffic Act (driving).

On August 31, 2015, the Defendant, without obtaining a driver’s license on August 23:15, 2015, driven B Poter Cargo in the section of about 150 meters from the section of the Geum River, “Feng-gu, Daegu-gu, Seoul-gu, under the influence of alcohol content of 0.124%.”

[2015 Highest 4270] On September 6, 2015, the Defendant, without a driver’s license, driven B Poter Cargos from the front of the Jindo road located in Daegu Northern-ro 15-8, Daegu Northern-gu, to the front road of the club center located in 746, Daegu Northern-gu, as the center of the East-gu, Daegu Northern-do.

Summary of Evidence

[2015 Highest 4111]

1. Defendant's legal statement;

1. Statement of the status of the driver;

1. Registers of driver's licenses;

1. A previous record of judgment: A copy of the same decision (2015 Highest 4270);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act; and

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (no person shall be subject to confession, reflector, or a suspended sentence);

1. It shall be decided as ordered on the grounds of probation, order to attend a lecture, Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;